People ex rel. Rodler v. Deutscher Krieger Bund New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Deutscher Krieger Bund ¡New York, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 14th day of July, 1908, directing the issuance of a peremptory writ of mandamus, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 6th day of December, 1907, granting an alternative writ of mandamus, and an…
Read the full summary
Appeal by the defendant, Deutscher Krieger Bund ¡New York, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 14th day of July, 1908, directing the issuance of a peremptory writ of mandamus, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 6th day of December, 1907, granting an alternative writ of mandamus, and an order entered on the 29th day of April, 1908, denying the defendant’s motion for a stay of proceedings.
1Per curiam
We are of the opinion that the writ restoring the relator to membership in the appellant organization was properly issued and that the court did not err in granting the alternative writ or denying the motion for a stay.
One of the findings upon which the judgment was entered was to the effect that the relator was entitled to recover the costs of the proceeding at the same rate as in an action to be taxed and also certain disbursements, together with $150 as damages for a false return. The judgment entered simply awarded the relator $150 as damages for a false return and $18 disbursements. The…
2Cases cited1 opinion
- People ex rel. Lally v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Hess Construction Co. v. Board of EducationCourt of Appeals of Maryland · 1996