People ex rel. Smith v. Mosier
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Mary J. Smith, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Erie on the 17th day of September, 1908, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing an alternative writ of mandamus.
1Opinion of the Court
Kruse, J.:
An alternative writ of mandamus was granted requiring the respondents, the park commissioners of the city of Buffalo, to remove obstructions placed across Oak Grove avenue and Boring avenue at their intersection with Humboldt parkway, or to show cause why the same should not be done. The park commissioners demurred to the writ upon the ground that it did not state facts sufficient to constitute a grievance, or to entitle the relator to such relief. The demurrer was sustained at Special Term, and from that order and judgment the relator appeals.
Humboldt parkway is one of the parkways…
2Cases cited2 opinions
- Bork v. . City of BuffaloNew York Court of Appeals · 1891
- Holtz v. DiehlNew York Supreme Court · 1899
3Cited by1 opinion
- East Side Parkways Coalition v. New York State Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2026