People ex rel. Goring v. President of Wappinger's Falls
New York Supreme Court
An application having been made by the relator for a peremp- . tory writ of mandamus against the defendants, the president and trustees of the village of Wappinger’s Falls, to compel them to recognize the relator as the police justice of the said village, fix his salary and furnish him with a courtroom, hooks, blanks, etc., no issue of fact was raised, and an order for the peremptory writ was granted in the first instance.
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An application having been made by the relator for a peremp- . tory writ of mandamus against the defendants, the president and trustees of the village of Wappinger’s Falls, to compel them to recognize the relator as the police justice of the said village, fix his salary and furnish him with a courtroom, hooks, blanks, etc., no issue of fact was raised, and an order for the peremptory writ was granted in the first instance. It was affirmed on appeal to the General Term and to the. Oourt of Appeals, except that it was modified by the striking out of the part of it requiring the defendants to…
1Opinion of the CourtGaynor, J.
I-find myself quite unable to dispose of this case upon any theory or principle of law. When the matter was first heard, it was decided that there were no damages to the relator that could be assessed hereon (13 Misc. Rep. 732). This ivas affirmed at General Term, but reversed, by the Court of Appeals (151 N. Y. 386). - It is said in the opinion of the latter court that “the court (Special Term) refused tó consider the question o'f damages on the proofs for the reason that there was no ‘ final order ’ as defined by the Code of Civil Procedure (§ 2082), and that no cause of action to recover…
2Cases cited3 opinions
- People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
- People Ex Rel. Goring v. President & Board of Trustees of Wappingers FallsNew York Court of Appeals · 1897
- People ex rel. Goring v. President of Wappingers FallsNew York Supreme Court · 1895