People ex rel. Mount Vernon Trust Co. v. Millard
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The Mount Vernon Trust Company, from an order of the Supreme Court, madé at the Westchester Special Term, and entered in the office of the "clerk of .the county of Westchester on the 18th day of March, 1909, vacating and setting aside an inquest théretofore taken against the defendant, opening the default of the defendant and vacating an order directing the issuance of a peremptory writ of mandamus."
1Opinion of the Court
Woodward, J.:
The .plaintiff made an application for a peremptory writ of mandamus to compel the defendant, as supervisor, to issue bonds under the provisions of section'll of the Drainage Law of 1869 (Chap. 888; B. S. pt. 3, chap. 8, tit. 16), as finally amended by chapter 523 of the Laws of 1901. This application was denied, but. an alternative writ was issued under an order of the Special Term on the 28th day of March, 1908. The defendant filed a demurrer to the alternative writ and appealed' from the interlocutory judgment overruling his demurrer, obtaining a- stay in the meantime. The…
2Cases cited2 opinions
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Mount Vernon Trust Co. v. MillardAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Beadle v. County of OrleansNew York Supreme Court · 1933
- Millard v. AdamsAppellate Division of the Supreme Court of the State of New York · 1910