People Ex Rel. Quinn v. . Voorhis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 19, 1906, which dismissed an appeal from an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to designate certain newspapers in which to publish election notices pursuant to section 10 of the Election Law.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 19, 1906, which dismissed an appeal from an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to designate certain newspapers in which to publish election notices pursuant to section 10 of the Election Law. After the appeal had been taken to the Appellate Division, the relator made a motion to dismiss it, on the ground that the board of elections had, at the time of taking the appeal, already complied with the…
1Opinion of the Court
Per Ouriam.
Two questions are certified to us as follows: “ (1) Was it error to dismiss an appeal to the Appellate Division from a final order granting a peremptory mandamus where the defendants have obeyed the writ by completely performing the acts which they were commanded to perform ? (2) If it was error to dismiss such appeal, was the mandamus properly granted upon the papers presented to the Special Term?”
We decline to consider the second question, as the merits of this controversy are not before us.
We are of opinion that it was error on the part of the Appellate Division to dismiss the…
2Cited by3 opinions
- People ex rel. Quinn v. VoorhisAppellate Division of the Supreme Court of the State of New York · 1906
- Morning Telegraph Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- City of New York v. New York Evening Post Co.Appellate Division of the Supreme Court of the State of New York · 1913