People ex rel. O'Sullivan v. New York Law School
New York Supreme Court
Appeal from special term, New York county. Application by Thomas C. O’Sullivan for a peremptory writ of mandamus to compel the New York Law School and George Chase, as dean thereof, to grant relator a diploma. From an order of the special term granting the writ as prayed, defendants appealed.
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Appeal from special term, New York county. Application by Thomas C. O’Sullivan for a peremptory writ of mandamus to compel the New York Law School and George Chase, as dean thereof, to grant relator a diploma. From an order of the special term granting the writ as prayed, defendants appealed. On the 11th of June, 1891, the New York Law School was incorporated by the University of the State of New York, by charter No. 658, which contained the following provision: “This charter shall give no power to grant degrees, but the regents will confer the degree of bachelor of laws on the graduates who…
1Opinion of the CourtFollett, J.
A peremptory writ of mandamus can only be granted, in the first instance, in case the applicant’s right thereto depends only upon questions of law. Code Civil Proc. § 2070. Upon a motion for a peremptory mandamus, if opposing affidavits are read which conflict with the moving affidavits, the right to the writ must be determined upon the assumption that the averments of the opposing affidavits are true. If the relator desires to controvert or avoid the statements made in the opposing affidavits, he should take an alternative writ, so that the questions of fact can be tried. People v. Cromwell,…
2Cases cited2 opinions
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
3Cited by18 opinions
- Carr v. St. John's UniversityAppellate Division of the Supreme Court of the State of New York · 1962
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Schuyler v. State UniversityAppellate Division of the Supreme Court of the State of New York · 1969
- Edde v. Columbia UniversityNew York Supreme Court · 1957
- Valentine v. Independent School DistrictSupreme Court of Iowa · 1919
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