People ex rel. Goring v. President of Wappingers Falls
New York Supreme Court
The relator having applied for a peremptory writ of mandamus to compel the defendants to recognize him as the duly elected police justice of the village of Wappingers Falls, such •writ was granted in the first instance, there being no question of fact raised. The order being affirmed at General Term, and also by the Court of Appeals (144 N. V. 616), the relator applied to the court for an assessment of damages against the defendants.
1Opinion of the CourtGaynor, J.
The relator cannot recover damages herein. At common law when an issue of fact was raised by a return to an alternative writ of mandamus, such issue could not be tried in the mandamus proceeding. The return was conclusive until falsified, and the only way to falsify it was by a judgment for plaintiff in an action by the relator for damages for a false return. If the relator prevailed in that action, he not only got judgment for his damages, but was also entitled to have a peremptory writ of mandamus issue. But this method being too dilatory, statutes were enacted that the issue of fact should…
2Cited by6 opinions
- Belaval v. ToddSupreme Court of Puerto Rico · 1917
- People ex rel. Lally v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Sociedad Civil v. Corte MunicipalSupreme Court of Puerto Rico · 1939
- Belaval v. ToddSupreme Court of Puerto Rico · 1917
- People ex rel. Goring v. President of Wappinger's FallsNew York Supreme Court · 1897
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