People Ex Rel. Treat v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January. 8, 1901, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus commanding the defendant to deliver to the relator a warrant on the chamberlain of the city of New York for the payment of an amount earned under a contract with'said city for the building of a sewer, and granted such writ.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made January. 8, 1901, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus commanding the defendant to deliver to the relator a warrant on the chamberlain of the city of New York for the payment of an amount earned under a contract with'said city for the building of a sewer, and granted such writ. The nature of the action and the facts, so far as material, are stated in the opinion. Chapter 413 of the Laws of 1895 is constitutional. (People ex rel. v.…
1Opinion of the CourtO’Brien, J.
The learned court below awarded a peremptory writ of mandamus against the comptroller of the city of Flew York commanding him to deliver to the relator a warrant for the payment of the sum of $3,201.63, the amount earned under a contract for constructing a sewer. There was some difference of opinion in the court below upon thé point whether the application should not be denied, as a matter of discretion, and the- relator compelled to resort to an action to enforce his claim. The court, however, exercised its discretion in favor of the relator. There was power in the court to grant the writ,…
2Cases cited5 opinions
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People v. . HawkinsNew York Court of Appeals · 1898
- People v. . Buffalo Fish Co.New York Court of Appeals · 1900
3Cited by23 opinions
- Reeves, Inc. v. StakeSupreme Court of the United States · 1980
- Hersey v. NeilsonMontana Supreme Court · 1913
- People Ex Rel. Williams Engineering & Contracting Co. v. MetzNew York Court of Appeals · 1908
- Allen v. LabsapSupreme Court of Missouri · 1905
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
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