Legal Opinion

People ex rel. Walker v. Ahearn

New York Supreme Court

Decided October 15, 1909PublishedCited by 3 opinions

Mandamus by the People, on the relation of William H. Walker, against John F. Ahearn, as President of the Borough of Manhattan. On motion to vacate and set aside the judgment entered against defendant.

1Opinion of the CourtGreenbaum, J.

John F. Ahearn in his individual capacity moves to vacate and set aside the judgment heretofore entered against him in mandamus proceedings instituted against him as president of the borough of Manhattan, in so far as it directs a personal money judgment against him for damages, and to amend and resettle the final order in said proceedings, by making it a judgment against “John F. Ahearn, as president of the borough of Manhattan.”

Section 2088 of the Code of Civil Procedure provides that:

“The court, upon making a final order for a peremptory mandamus, must also, if the relator so elects, award…

2Cases cited10 opinions

  1. United States v. BoutwellSupreme Court of the United States · 1873
  2. People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
  3. Clark v. . MillerNew York Court of Appeals · 1874
  4. People ex rel. Coveney v. KearnyAppellate Division of the Supreme Court of the State of New York · 1899
  5. People ex rel. Boyd v. HertleAppellate Division of the Supreme Court of the State of New York · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
  2. Thurber v. DuckworthSupreme Court of Iowa · 1914
  3. Carroll v. MurrayNew York Supreme Court · 1927

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