People ex rel. Joyce v. Van Wart
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Mandamus by the people, on the relation of John J. Joyce, against Gerard B. Van Wart. From an order of the special term denying a peremptory writ (55 N. Y. Supp. 68), relator appeals.
1Per curiam
The relator, having elected to stand upon the averments contained in the opposing affidavits, and to insist upon relief by way of a peremptory writ of mandamus, is bound thereby; and such allegations as the opposing papers disclose must be now taken as true. Code Civ. Proc. § 2070; People v. City of Brooklyn, 149 N. Y. 215, 43 N. E. 554. Applying this rule, it clearly appears that the relator was never appointed an assistant clerk to Justice Petterson. The source of his appointment is clear and distinct. Justice Petterson was authorized to appoint a clerk and an assistant clerk by the common…
2Cases cited3 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898