Legal Opinion

People ex rel. Ward v. Uptown Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Appeal by the relator, J. Carlton Ward, 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 7th day of June, 1897, dismissing an alternative writ of mandamus, with notice of an intention to bring' up for review upon such appeal an order entered in said clerk’s office on the 25th day of May, 1897, granting the defendant costs against the relator.

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Appeal by the relator, J. Carlton Ward, 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 7th day of June, 1897, dismissing an alternative writ of mandamus, with notice of an intention to bring' up for review upon such appeal an order entered in said clerk’s office on the 25th day of May, 1897, granting the defendant costs against the relator. This appeal was transferred from the first department to the second department, as several of the justices of the Appellate Division of the first department…

1Opinion of the Court

Goodrich, P. J.:

The relator in March, 1896, applied at Special Term for a writ of mandamus to compel the Uptown Association to reinstate him as one of its members. The application was denied, but on appeal the Appellate Division of this department, to which the appeal had been transferred, reversed the order of the Special Term and directed the issuance of an alternative writ of mandamus (9 App. Div. 191). This writ was issued and the issues arising under it came on for trial before the court and a jury in May, 1897, and resulted in the direction of a verdict for the defendant, and from the…

2Cases cited1 opinion

  1. People ex rel. Ward v. Uptown Ass'nAppellate Division of the Supreme Court of the State of New York · 1896

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