People ex rel. Batchelor v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, George Batchelor, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of October, 1898, upon the decision of the court rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to an alternative writ of mandamus issued in tire proceeding, with notice of an intention to bring up for review upon such appeal an order…
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Appeal by the relator, George Batchelor, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of October, 1898, upon the decision of the court rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to an alternative writ of mandamus issued in tire proceeding, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 24th day of October, 1898, upon which the interlocutory judgment was entered.
1Opinion of the Court
O’Brien, J.:
It was sought by the writ to compel the cleric of the Municipal ■Court of the city of New York, firs; judicial district, to issue an exe*415cution and deliver a transcript of judgment. The ground upon which the demurrer was sustained is, that the writ does not state facts sufficient to entitle the relator to the relief asked, or to any relief by way of mandamus. Although it is suggested on this appeal, as it was in the court below, that the judgment referred to in the writ has been vacated by order of the court, it is pointed out by the appellant that whether or not this be so, the…
2Cases cited3 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Wilkinson v. DobbieU.S. Circuit Court for the District of Northern New York · 1874
- People v. FadnerNew York Court of Sessions · 1881
3Cited by3 opinions
- Strecker v. RailsonNorth Dakota Supreme Court · 1907
- Huie v. DevoreAppellate Division of the Supreme Court of the State of New York · 1910
- Goldsborough v. StaabAppellate Division of the Supreme Court of the State of New York · 1917