People ex rel. Giles v. Klauder-Weldon Dyeing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Klauder-Weldon Dyeing Machine Company, from an order of the Supreme Court, made at the Montgomery Special Term, and entered in the office of the clerk of the county of Montgomery on the 2d day of June, 1917, directing the issuance of a peremptory writ of mandamus requiring the appellant to permit the relator to examine its books and papers upon the terms set forth in the writ.
1Per curiam
A peremptory writ of mandamus issues only where the applicant’s right to it depends upon questions of law. In *150every other case it cannot be issued until after an alternative writ. “ Where, upon motion for a mandamus, opposing affidavits are read which are in conflict with the averments in the affidavits of the relator, and notwithstanding this the relator demands a peremptory writ, it is equivalent to a demurrer, and the question as to the right to the writ must be determined upon the assumption that the averments of the opposing affidavits are true.” (People ex rel. Corrigan v. Mayor, etc.,…
2Cases cited1 opinion
- Klauder-Weldon Dyeing Machine Co. v. WeldonAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by7 opinions
- Schulman v. Louis Dejonge & Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
- Spanhake v. Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1928
- Smilkstein v. J. Smilkstein & Sons, Inc.New York Supreme Court · 1961
- Hansen v. Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1932
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