Alweis v. Wagner

The court at Special Term and a unanimous Appellate Division, agreeing with the position taken by the petitioners, granted them an order in the nature of mandamus. Although this court recognizes, as of course it must, a “legal right” in the petitioners to the relief which they seek, it is directing a reversal of that order on the ground that “No such manifest right to insist on [that] legal right * * * is shown as to entitle petitioners to mandamus ”. I cannot subscribe to either the majority’s reasoning or conclusion. The order herein was granted by both courts below and, since consideration…