People ex rel. Berlinger v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James L. Wells, president, and others, commissioners, composing the board of taxes and assessments of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the ■ 5th day of February, 1903, granting the relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
O’Brien, J.:
An alternative writ of mandamus was issued herein and a return filed thereto and a trial was thereafter had upon the issues framed by .the writ and return before a justice at the Trial Term without a jury. The learned justice made certain findings of facts to which the defendants duly excepted. Subsequently the relator moved at Special Term for a final order which was thereafter issued.
*379The respondent insists that as no motion was made or order entered denying a new trial or to set aside the verdict and the appeal is only from the final order, we have before us questions of law…
2Cases cited3 opinions
- Matter of Shaughnessy v. . FornesNew York Court of Appeals · 1902
- Shaughnessy v. FornesAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Jussen v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Simons v. McGuireAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Hillman v. ScholersNew York Supreme Court · 1904