People ex rel. Peck v. Board of Police of the Metropolitan Police District
New York Supreme Court
THE facts and proceedings in this case were similar to those in The People ex rel. Hanrahan v. The Board of Polio, ante, p. 644. The jury were directed to find a general verdict for the defendants^ and the case was ordered to be heard, in the first instance, at a general term. A motion for a peremptory mandamus was thereupon made, upon the verdict or judgment thus rendered, which motion was denied, and the relator appealed from the order.
1Opinion of the Court
By the Court, Mullin, J.
In the case of Sanrahan(a) we held that it was competent for the jury, on the trial of issues in mandamus cases, to find a general verdict, and that the court would give effect to it if necessary by applying it to the issues separately. If we were right in thus holding, the verdict in these cases is a valid one. And as no question arises on the effect of the evidence, or the proceedings on the trial, there is enough in the papers before us to enable the court to dispose of the question arising on this appeal.
From the fact that the court directed the jury to render the…
2Cited by4 opinions
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Chicago, Rock Island & Pacific Railway Co. v. DriggersCourt Of Appeals Of Indian Territory · 1898
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Neftaniel v. Order of American StarThe Superior Court of New York City · 1886