People Ex Rel. Garvey v. Democratic General Committee
New York Court of Appeals
Appeal from ail order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to recognize the relator and his associates as members of the Democratic General Committee, and dismissed such writ. The facts, so far as material, are stated in the opinions. Mandamus should not issue.
Read the full summary
Appeal from ail order of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to recognize the relator and his associates as members of the Democratic General Committee, and dismissed such writ. The facts, so far as material, are stated in the opinions. Mandamus should not issue. (In re Haebler v. N. Y. P. Exchange, 149 N. Y. 418; People ex rel. v. N. Y. C. & H. R. R. R. Co., 156 N. Y. 575; Matter of Guess, 16 Misc. Rep. 306;…
1Opinion of the CourtGray, J.
The order of the Appellate Division has reversed, but not as matter of discretion, an order directing a peremptory writ of mandamus to issue on the petition of the relator, requiring the appellant, the Democratic General Committee of New York county, to recognize the relator and his associates, who had been duly elected members of the Democratic general committee by the Democratic electors of the ninth assembly district, at a primary election, held September 16, 1902, as members of that committee and, further, “ to recognize as a member of the executive committee of the said committee the…
2Cited by2 opinions
- Schleimer v. KnottNew York Supreme Court · 1944
- Daniels v. DanielsAppellate Division of the Supreme Court of the State of New York · 1957