In Re Haebler v. . N.Y. Produce Exchange
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Yew York, made December 2, 1895, affirming an order of the Special Term, which directed that a peremptory writ of mandamus issue commanding the Yew York Produce Exchange to reinstate the respondent as a member of that corporation. Yo alternative writ was granted or asked for, but an order was made directing that a peremptory- writ should, in the first instance, issue.
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Appeal from order of the General Term of the Superior Court of the city of Yew York, made December 2, 1895, affirming an order of the Special Term, which directed that a peremptory writ of mandamus issue commanding the Yew York Produce Exchange to reinstate the respondent as a member of that corporation. Yo alternative writ was granted or asked for, but an order was made directing that a peremptory- writ should, in the first instance, issue. The order granted was based upon affidavits, and made on the return of a show-cause order. Upon the return of the order the affidavits of the relator and…
1Opinion of the CourtMartin, J.
A peremptory writ of mandamus can be issued in the first instance, only where the applicant’s right to it depends solely upon questions of law. When any question of fact arises, a peremptory mandamus cannot be issued until an "alternative writ has been issued, served, and the "return day has elapsed. (Code of Civil Procedure, § 2070.) As the order in this case was for a peremptory writ, this court can consider nothing except the statements in the moving affidavits which are not denied, and the facts set up in the answering affidavits. Where upon a motion for a mandamus opposing affidavits are…
2Cases cited9 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Belton v. . HatchNew York Court of Appeals · 1888
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People Ex Rel. Lewis v. . BrushNew York Court of Appeals · 1895
- Matthews v. Associated PressNew York Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Matter of SteinwayNew York Court of Appeals · 1899
- Polin v. KaplanNew York Court of Appeals · 1931
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Brown v. Gilligan, Will & Co.District Court, S.D. New York · 1968
- Breckenridge v. ScannellNew York Court of Appeals · 1899
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