Legal Opinion

People Ex Rel. Port Chester Savings Bank v. Cromwell

New York Court of Appeals

Decided June 1, 1886PublishedCited by 33 opinions

Appeal from order of the General Term oi the Supreme Court, in the second judicial department, made December 15, 1885, which reversed an order of Special Term denying an application for a peremptory writ of mandamus, and which directed the issuing of such a writ as prayed for by the relator commanding defendant, as treasurer of the county of Westchester, to pay to the relator the sum of $521.50, the amount of certain coupons for interest upon bonds issued by said county.

Read the full summary

Appeal from order of the General Term oi the Supreme Court, in the second judicial department, made December 15, 1885, which reversed an order of Special Term denying an application for a peremptory writ of mandamus, and which directed the issuing of such a writ as prayed for by the relator commanding defendant, as treasurer of the county of Westchester, to pay to the relator the sum of $521.50, the amount of certain coupons for interest upon bonds issued by said county. (Reported below, 38 Hun, 384.) The material facts are stated in the opinion. As the application was for a peremptory…

1Opinion of the Court

Ruger, Ch. J.

Ixx the consideration of this appeal, the defendant is entitled'to have the facts determined, in accordance witli the relation thereof, contained in his opposing affidavits. The statements of the affidavits are conflicting, and as the relator, notwithstanding that fact, still demanded a peremptory mandamus, it could only be granted upon the assumption that there were no disputed facts. Its action was1 equivalent to a demurrer to the case presented by the opposing affidavits, and the question thus presented must be determined upon the assumption of their truth. (People v.…

2Cases cited4 opinions

  1. Crawford v. . West Side BankNew York Court of Appeals · 1885
  2. Smith v. . MillerNew York Court of Appeals · 1870
  3. Indig v. . National City BankNew York Court of Appeals · 1880
  4. Turner v. Bank of Fox LakeNew York Court of Appeals · 1867

3Cited by33 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
  3. Anderson v. GillCourt of Appeals of Maryland · 1894
  4. Comer v. DufourSupreme Court of Georgia · 1895
  5. People ex rel. O'Sullivan v. New York Law SchoolNew York Supreme Court · 1893

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API