People ex rel. Berkeley v. New York Casualty Co.

The peremptory writ of mandamus prayed for cannot he allowed. The undisputed facts do not establish a clear, unequivocal right to the relief sought. Issues of fact on material questions are raised by the return which, at best, would permit. the allowance of an alternative writ; but I am satisfied that the relator has mistaken his remedy, and that he 'must seek redress by resort to the Code action substituted for the ancient quo warrarito proceedings. "

" The relator claims that he is still the secretary and a director of the defendant corporation, and asks that he be accorded inspection of the…