People Ex Rel. Derby v. . Rice
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made December 7, 1891, which affirmed an order of Special Term directing a peremptory mandamus to issue. The substance of the order and the facts, so far as material, ;are stated in the opinion.
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Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made December 7, 1891, which affirmed an order of Special Term directing a peremptory mandamus to issue. The substance of the order and the facts, so far as material, ;are stated in the opinion. The application for a mandamus should have been denied, because it asked for an order directing the state board to abstain and refrain from doing something which there is no proof that the board intended to do. (High on Extr. Remedies, 14; Brown v. Duane, 60 Hun, 98; 14 Am. & Eng. Encyl. of Law, 93, 105; In…
1Opinion of the CourtGray, J.
In this matter, on certain affidavits, an order was made hy the Supreme Court, at Special Term, directing the issuance of a writ of peremptory mandamus, commanding the state board of canvassers to issue a certificate of election, in accordance with the certified statements as to the result of an election for senator in the sixteenth senatorial district of the state, held on November 3,1891, filed with the said board, and to make a determination of the result of said election thereupon, solely; disregarding and not considering any other pxpers of any other nature whatever relating to said…
2Cases cited1 opinion
- The People v. . CookNew York Court of Appeals · 1853
3Cited by19 opinions
- People Ex Rel. Platt v. . RiceNew York Court of Appeals · 1894
- Davis v. WardeSupreme Court of Georgia · 1923
- Wilcox v. SmithAppellate Division of the Supreme Court of the State of New York · 1940
- People ex rel. Platt v. RiceNew York Supreme Court · 1893
- Queens-Nassau Transit Lines, Inc. v. MaltbieNew York Supreme Court · 1944
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