O. J. Gude Co. v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, The O. J. Gude Company, N. Y., 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 on the 6th day of July, 1908, denying the petitioner’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Scott, J.:
For the reasons stated in People ex rel. Wineburgh Advertising Co. v. Murphy (129 App. Div. 260), decided herewith, the order appealed from must be reversed and the motion for a peremptory mandamus granted.
Patterson, P. J., and Ingraham, J., concurred; Laughlin, J., concurred for the reasons stated in his dissenting opinion in City of New York v. Wineburgh Advertising Co., No. 4 (124 App. Div. 641); Clarke, J., dissented.
Order reversed, and motion for peremptory mandamus granted. Settle order on notice.
2Cases cited2 opinions
- People ex rel. M. Wineburgh Advertising Co. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1908