In re Schmitt
New York Supreme Court
Appeal from special term. In the matter of the application of August W. Schmitt and the Order of the International Fraternal Alliance for a peremptory writ of mandamus to compel Robert A. Maxwell, as superintendent of insurance, to issue a final certificate entitling the Order of the International Fraternal Alliance to become a body politic and corporate. From an order denying the writ the applicants appeal.
1Opinion of the CourtLandon, J.
The order of the special term should be affirmed—
1. Because the superintendent, in his opposing affidavits, denies- that the relator has complied with the provisions of section 3, c. 520, Laws 1889, and the relator, by proceeding to argument without controverting the opposing affidavit, admits its allegations. People v. Supervisors, 73 N. Y. 173; People v. Fairman, 12 Abb. N. C. 252; People v. Cromwell, 102 N. Y. 477, 7 N. E. Rep. 413. The relator contends that the denial is apparent, rather than real, and that facts stated show that the relator has complied with the provisions of the section…
Also in this document: Concurrence.
2Cases cited6 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People Ex Rel. Lawrence v. Board of Supervisors of the County of WestchesterNew York Court of Appeals · 1878
- People Ex Rel. Wright v. . ChapinNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People ex rel Woodward v. RosendaleNew York Supreme Court · 1894