Legal Opinion

People Ex Rel. Solomon v. Brotherhood of Painters, Decorators & Paperhangers of America

New York Court of Appeals

Decided May 2, 1916PublishedCited by 34 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1915, which affirmed an order of Special. Term granting a motion for a peremptory writ of mandamus requiring. defendants and each of them to reinstate the relator to membership in their several organizations and awarding the relator damages and costs. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 5, 1915, which affirmed an order of Special. Term granting a motion for a peremptory writ of mandamus requiring. defendants and each of them to reinstate the relator to membership in their several organizations and awarding the relator damages and costs. The facts, so far as material, are stated in the opinion. A writ of mandamus does not lie against a foreign corporation. (People ex rel. Ruman v. Nat. Slavonic Society, 144 App. Div. 574; People ex rel. Beharka v. Nat.…

1Opinion of the CourtSeabury, J.

The questions presented for determination upon this appeal arise out of a mandamus proceeding. That proceeding has resulted in the issuance of a peremptory writ of mandamus against the respondents requiring each of them to reinstate the relator to membership in its organization and requiring each of the respondents to pay the damages awarded the relator. The relator is a painter by trade and claims to have been unlawfully expelled from membership in the respondents’ organizations. The respondents are (1) The Brotherhood of Painters, Decorators and Paperhangers of America, (2) The District…

2Cases cited11 opinions

  1. Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
  2. McCabe v. . GoodfellowNew York Court of Appeals · 1892
  3. Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
  4. In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903
  5. Weidenfeld v. . KepplerNew York Court of Appeals · 1903

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3Cited by34 opinions

  1. Martin v. CurranNew York Court of Appeals · 1951
  2. Phalen v. Theatrical Protective Union No. 1New York Court of Appeals · 1968
  3. 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
  4. Browne v. HibbetsNew York Court of Appeals · 1943
  5. Golomb v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983

29 more not listed; retrieve them via the Exa API.

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