People ex rel. New York & Harlem Railroad v. Board of Taxes & Assessments
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1900, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendants to strike from the roll a certain assessment against the property of the relators for the year 1900. The facts, so far as material, are stated in the opinion. The relators showed a clear legal right to the relief prayed for.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 13, 1900, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendants to strike from the roll a certain assessment against the property of the relators for the year 1900. The facts, so far as material, are stated in the opinion. The relators showed a clear legal right to the relief prayed for. (People ex rel. v. Wilson, 119 N. Y. 515; Mygatt v. Washburn, 15 N. Y. 316; Nat. Bank v. City of Elmira, 53 N. Y. 49.) Mandamus…
1Opinion of the Court
Pabkeb, Oh. J.
A common-law mandamus is addressed to the sound discretion of the Supreme Court, and when it appears that the facts are such as to justify the court in refusing mandamus as matter of discretion, this court will not attempt to review its action unless it affirmatively appears in the order denying the writ that the court did not refuse the application in the exercise of discretion. (People ex rel. D. L. I. Co. v. Jeroloman, 139 N. Y. 14; People ex rel. Jacobus v. Van Wyck, 157 N. Y. 495; People ex rel. Steinson v. Bd. of Education, 158 N. Y. 125; People ex rel. Rice v. Moss, 161…
2Cases cited4 opinions
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893
- People Ex Rel. Steinson v. . Bd. of EducationNew York Court of Appeals · 1899
- People Ex Rel. Rice v. . MossNew York Court of Appeals · 1899
3Cited by3 opinions
- Abrams v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Alwalt Realty Corp. v. BoylandNew York Supreme Court · 1957
- Bojaco Realty Corp. v. Board of AssessorsNew York Supreme Court · 1967