Legal Opinion

In re Nitchie

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1908PublishedCited by 2 opinions

Appeal by petitioner, John E. Nitchie, 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 11th day of February, 1908, denying the petitioner’s application for a peremptory writ of mandamus.

1Opinion of the Court

McLaughlin, J.:

The application for a peremptory writ of mandamus to compel the respondent, a justice of the Municipal Court of the city of New York, to retain jurisdiction in the Seventh Municipal Court district, and there try the action referred to in the petition, was, under the facts presented in opposition to the writ, properly denied.

The respondent was assigned to hold court in the seventh district during the month of January, 1908, and he will not again be assigned to that district until July, 1908. The hearing on the return of the order to show cause why the writ should not issue was…

2Cases cited1 opinion

  1. In re The North American Mercantile Agency Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by2 opinions

  1. Anderson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  2. City of New York v. GreisAppellate Terms of the Supreme Court of New York · 1919

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