People ex rel. Scribner v. Board of Water Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board- of Water Commissioners of the Village of. Peekskill, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of-the county of Westchester on the 26th day of May, 1900, upon the decision of the court, rendered- after a trial at the Kings County Special Term, overruling a demurrer to the amended return made to an alternative writ of mandamus.
1Opinion of the Court
Goodrich, P. J.:
The relator applied for a peremptory writ of mandamus, but an alternative writ was.issued. An amended return to the.writ was filed hy the respondent board, and the relator demurred to two of ten separate defenses of the return. The court overruled the demurrer, with ten dollars costs, and directed judgment, and an interlocutory judgment was entered accordingly. The board of crmmissioners appeals.
■ Five briefs have been submitted by the two counsel, and,, while other matters are argued, the real contention seems to be on the question of costs, whether they should have been ten…
2Cases cited3 opinions
- In Matter of Petition of Prot. E. Pub. SchoolNew York Court of Appeals · 1881
- Lonsdale v. LonsdaleAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Stilwell v. New York Produce ExchangeNew York Supreme Court · 1883
3Cited by2 opinions
- de Turckheim v. ThomasAppellate Division of the Supreme Court of the State of New York · 1906
- Paley v. SmithNew York Supreme Court · 1911