People ex rel. Knapp v. Judges of the Court of Common Pleas
New York Supreme Court
A mandamus was issued out of this Court in these words: “The people, &c. to the Judges, &c. of Westchester, greeting : Whereas it has lately been represented to us, in our Supreme Court of Judicature, before our Justices thereof, on the part and behalf Jonas Knapp, that, at a Court of Common Pleas held in and for the county of Westchester, at, &c. on &c. a certain suit, then and there pending, in the said Court of Common Pleas, before you the said Judges, wherein Jonas Knapp…
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A mandamus was issued out of this Court in these words: “The people, &c. to the Judges, &c. of Westchester, greeting : Whereas it has lately been represented to us, in our Supreme Court of Judicature, before our Justices thereof, on the part and behalf Jonas Knapp, that, at a Court of Common Pleas held in and for the county of Westchester, at, &c. on &c. a certain suit, then and there pending, in the said Court of Common Pleas, before you the said Judges, wherein Jonas Knapp was appellee, and Sylvanus Knapp appellant, was argued before you the said Judges, and a judgment of nonsuit rendered…
1Opinion of the Court
Curia.
It is objected that a motion to quash the writ .rill not lie till it is returned. Such is the general rule; but * case is cited, (The People v. The Judges and Sup*76ervisors of Ulster, 1 John. Rep. 64,) hy which it appears that the service of an alternative mandamus maybe by delivering a .copy, at the same time showing the original. rp^ party thus having a right to retain the writ, the Judges must make a return without it. The writ itself cannot be returned by them; and we think the case an exception to the rule. The motion is, for that reason, in time. We think, however, it was not…
2Cases cited1 opinion
- People ex rel Tremper v. Judges & Supervisors of the County of UlsterNew York Supreme Court · 1806
3Cited by8 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Dane v. DerbySupreme Judicial Court of Maine · 1866
- Richter, S.A., Investments u.s.a.-richter Corporation, Richardson B. Gill, Sharon Gill and Gill Wine & Grape Company, Cross-Appellants v. Bank of America National Trust and Savings Association, Cross-Appellee. Tesoro Savings & Loan, Richardson B. Gill, Cross-Appellants v. Bank of America National Trust and Savings Association, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
- Brown v. Assessors of TaxesSupreme Court of New Jersey · 1889
- State ex rel. Drury v. Supervisors of LincolnWisconsin Supreme Court · 1886
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