Legal Opinion

People ex rel. Brewster v. " Old Guard "

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 8 opinions

Appeal by the defendants, The “ Old Guard ” of the City of New York and others, from a final order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1903, directing the issuance of a peremptory writ of mandamusalso frotii an order entered in said clerk’s office on the 14th day of April, 1903, amendatory of said first-mentioned order, and also from an order entered in said clerk’s…

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Appeal by the defendants, The “ Old Guard ” of the City of New York and others, from a final order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1903, directing the issuance of a peremptory writ of mandamusalso frotii an order entered in said clerk’s office on the 14th day of April, 1903, amendatory of said first-mentioned order, and also from an order entered in said clerk’s office on the 9th day of April, 1903, denying, among other motions, the defendants’ motion to dismiss the proceedings…

1Opinion of the Court

Patterson, J.:

By final orders, from which this appeal is taken, the relator was granted a peremptory writ of mandamus restoring him to membership in the “ Old Guard ” of the city of Hew York and assessing damages sustained by his alleged illegal expulsion from that organization. The final orders were made after a trial upon an alternative writ.

The relator was a life member of the “ Old Guard,” by which is meant that having paid a certain gross sum he was thereafter exempt from the payment of any further annual dues. His relation to the “ Old Guard,” except in that respect, was the same as *480that…

2Cases cited2 opinions

  1. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
  2. Belton v. . HatchNew York Court of Appeals · 1888

3Cited by8 opinions

  1. Gulickson v. ForestDistrict Court, E.D. New York · 1968
  2. Fritz v. KnaubNew York Supreme Court · 1907
  3. Matter of KochNew York Court of Appeals · 1931
  4. Williamson v. RandolphNew York Supreme Court · 1905
  5. National League of Commission Merchants of United States v. HornungAppellate Division of the Supreme Court of the State of New York · 1911

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