People ex rel. Bender v. Church
New York Court of Appeals
Motion by the respondent to dismiss 'an appeal. The relator having obtained an alternative mandamus requiring the Comptroller to draw his warrant on the Treasurer for the amount of certain alleged demands against the State mentioned in the appropriation bill of 1859, moved, on the return, for a peremptory writ, which was awarded; and the order was affirmed at general term in the third district on the 16th of September, 1859. The Comptroller thereupon brought this appeal, and…
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Motion by the respondent to dismiss 'an appeal. The relator having obtained an alternative mandamus requiring the Comptroller to draw his warrant on the Treasurer for the amount of certain alleged demands against the State mentioned in the appropriation bill of 1859, moved, on the return, for a peremptory writ, which was awarded; and the order was affirmed at general term in the third district on the 16th of September, 1859. The Comptroller thereupon brought this appeal, and the clerk made a return containing the affidavits used on the motion and the several orders in the case.
1Opinion of the CourtDenio, J.
The question whether a final decision of the Supreme Court in proceedings by mandamus, when sought to be reviewed by this court, should be brought before it by appeal *530according to the Code, or by writ of error, according to the former practice, was decided in Becker v. The People (18 N. Y., 487). We held the writ of error to be the proper method, and refused to dismiss such a writ which had been prosecuted in that case. This was so decided, upon a construction of section 471 of the Code, which declared that, until the Legislature should otherwise provide, the second part of that system should…
2Cases cited1 opinion
- Becker v. People ex rel. CookNew York Court of Appeals · 1859