People ex rel. Overton v. Whipple
New York Supreme Court
' Application for a writ of mandamus, peremptory or alternative, commanding James S. Whipple, Forest, Fish and Game Commissioner of the State of Hew,York, to forthwith reinstate John E. Overton to the place of State oyster protector, being an officer in the State Forest, Fish and Game Commission, from which place he has been .removed.
1Opinion of the Court
Jaycox, J.,
The defendant raises the preliminary objection that a mandamus cannot issue herein upon an application made at a Special Term held in Suffolk county, the defendant being a public officer having his office in the county - of Albany. Section 2068 of the Code of Civil Procedure provides : “ Except where special provision therefor is otherwise made in this article, a writ of mandamus can be granted only at a special term of the supreme court held within the judicial district embracing the county, wherein an issue of fact, joined upon an alternative writ of mandamus is triable, as…
2Cases cited1 opinion
- People ex rel. Shook v. KilburnNew York Supreme Court · 1899