People ex rel. Joyce v. Van Wart
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John J. Joyce, from an. order of the Supreme Court, made at the Kings County Special Term'and entered in the office of the clerk of the county of Kings on the 17th day of November, 1898, denying the relator’s motion for a peremptory writ of mandamus directed to Gerard B. Van Wart, commanding him to certify to the comptroller of the city of New York that the delator is an assistant clerk of the Municipal Court of the city of New York for the second…
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Appeal by the relator, John J. Joyce, from an. order of the Supreme Court, made at the Kings County Special Term'and entered in the office of the clerk of the county of Kings on the 17th day of November, 1898, denying the relator’s motion for a peremptory writ of mandamus directed to Gerard B. Van Wart, commanding him to certify to the comptroller of the city of New York that the delator is an assistant clerk of the Municipal Court of the city of New York for the second district in the borough of Brooklyn. -
1Per curiam
The relator, having elected to stand upon the averments contained in the opposing affidavits, and.to insist upon relief by way of a peremptory writ of mandamus, is bound thereby, and such allegations as the opposing papers disclose must be now taken as true. (Code Civ. Proc. § 2070 ; People ex rel. Corrigan v. The Mayor, 149 N. Y. 215.) Applying this rule, it clearly appears that the relator was never appointed an assistant clerk to Justice Patterson. The source of his appointment is clear and distinct. Justice Patterson was authorized to appoint a cle.rk and an assistant clerk of the Second…
2Cases cited2 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- McKenna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898