People ex rel. Goldschmidt v. Travis
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Hermann E. Goldschmidt, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the" county of Albany on the 17th day of December, 1914, denying his motion for a writ of mandamus.
1Opinion of the Court
Woodward, J.:
This proceeding was brought on by an order to show cause, granted upon the relator’s petition, seeking a writ of man-*476damns to the Comptroller of the State, directing him to restore the relator to the position of examiner of municipal accounts. The motion was denied, and the relator now suggests that he is entitled to an alternative writ, in order that he may try out the questions of fact put in issue by the respondent’s affidavits. This is based on the proposition that his motion was for a writ of mandamus, and that at the close óf his oral argument he asked for an alternative…
2Cited by5 opinions
- Goldsmith v. United States Board of Tax AppealsSupreme Court of the United States · 1926
- Adler v. WilsonAppellate Division of the Supreme Court of the State of New York · 1953
- People ex rel. Whitfield v. EnrightNew York Supreme Court · 1921
- People ex rel. Harris v. WardenNew York Supreme Court · 1936
- People v. Ohrenstein, Babbush, Sanzillo & MontaltoAppellate Division of the Supreme Court of the State of New York · 1989