People ex rel. Magee v. Densmore
New York Supreme Court
On the third day of February, 1847, at a special term of the late supreme court, the relator obtained an order for an alternative mandamus to be directed to the defendant, late sheriff of Ontario county, commanding him to file in the office, of the clerk of the county of Ontario, the certificate of sale executed in his name by Alonzo Seymour, his deputy, a copy whereof was annexed to the moving papers, or show cause &c. at the then next special term of said court, why a…
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On the third day of February, 1847, at a special term of the late supreme court, the relator obtained an order for an alternative mandamus to be directed to the defendant, late sheriff of Ontario county, commanding him to file in the office, of the clerk of the county of Ontario, the certificate of sale executed in his name by Alonzo Seymour, his deputy, a copy whereof was annexed to the moving papers, or show cause &c. at the then next special term of said court, why a peremptory mandamus should not issue. An alternative mandamus was issued in pursuance of such order, which with a certified…
1Opinion of the CourtWelles, J.
The counsel for the relator supposes that the court, on granting the peremptory mandamus in this case, was bound by law to grant costs, by force of the statute, (2 R. iS. 619, § 41,) and it appears from the affidavit of the deputy clerk who entered the rule, that if his attention had been called to the section of the statute refered to, he would himself have so entered the rule, without reference to the question whether the court had actually granted costs. I think, however, that the court had a discretion to allow or refuse costs. By the sixth section of the “ act relative to proceedings in…
2Cases cited1 opinion
- People v. Onondaga C. P.New York Supreme Court · 1833
3Cited by1 opinion
- People on rel. Kipp v. HarrisNew York Supreme Court · 1858