People ex rel. Rolf v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term, bearing date the 28th day of November, 1900, and entered in the office of the clerk of the county of New York, granting a peremptory writ of mandamus commanding him to draw his warrant on the chamberlain of the city of New York for the amount due under a contract between the relator and the city of New York, and also from an…
Read the full summary
Appeal by the defendant, Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term, bearing date the 28th day of November, 1900, and entered in the office of the clerk of the county of New York, granting a peremptory writ of mandamus commanding him to draw his warrant on the chamberlain of the city of New York for the amount due under a contract between the relator and the city of New York, and also from an order entered in said clerk’s office, granting to the relator an extra allowance.
1Opinion of the Court
Ingraham, J.:
In this proceeding an alternative writ of mandamus was granted, to which the comptroller of the city of New York made a return. The issues. raised by that return were brought on for trial at the *348Special Term, when, by consent of the parties, a jury trial was waived and the issues were referred to a referee to hear and determine the same. The referee, after taking the testimony produced, made a report determining the issues of fact in favor of the relator, and reported that a peremptory writ of mandamus should issue as prayed for by the relator ; and upon this report such a…
2Cited by7 opinions
- People Ex Rel. Bourne v. JohnsonAppellate Court of Illinois · 1964
- F. G. Compagni Construction Co. v. RossAppellate Division of the Supreme Court of the State of New York · 1980
- People v. BrillAppellate Division of the Supreme Court of the State of New York · 1938
- Ziegler v. City of New YorkCity of New York Municipal Court · 1935
- Morse v. DelaneyNew York Supreme Court · 1926
2 more not listed; retrieve them via the Exa API.