Legal Opinion

People ex rel. Ruman v. National Slavonic Society

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1911PublishedCited by 2 opinions

Appeal by the defendants, The National Slavonic Society of the United States of America and another, 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 pn the 17th day of March, 1911.

1Opinion of the Court

Scott, J.:

The defendants appeal from an order granting, an alternative writ of mandamus.

It is, objected at the outset that the order is not appeal-able, and such is undoubtedly the general rule, because the alternative writ decides nothing, being in the nature of an order to show cause. (People ex rel. Levenson v. O’Donnel, 99 App. Div. 253.) It is manifest, however, that the rule is not of universal application. While an alternative writ decides nothing respecting the controversy between the parties, it does amount to an assumption of jurisdiction to pass upon that controversy, and when it…

2Cases cited2 opinions

  1. In re WilcoxAppellate Division of the Supreme Court of the State of New York · 1908
  2. People ex rel. Levenson v. O'DonnelAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. People Ex Rel. Solomon v. Brotherhood of Painters, Decorators & Paperhangers of AmericaNew York Court of Appeals · 1916
  2. People ex rel. Beharka v. National Slavonic Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1912

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