People ex rel. Doran v. Harwick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Andrew C. Harwick, as Grand Recorder of the Ancient Order of United Workmen, and another, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of December, 1899, granting a peremptory writ of mandamus directed to the defendants commanding them to receive and properly receipt for the moneys forwarded to said Harwick on behalf of the members of…
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Appeal by the defendants, Andrew C. Harwick, as Grand Recorder of the Ancient Order of United Workmen, and another, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of December, 1899, granting a peremptory writ of mandamus directed to the defendants commanding them to receive and properly receipt for the moneys forwarded to said Harwick on behalf of the members of Yonkers Lodge No. 371 of the Ancient Order of United Workmen, on or about ^November 10, 1899, in accordance with the laws…
1Opinion of the Court
Woodward, J.:
The order appealed from was granted in an action brought by the plaintiffs for the same relief granted in the writ, and it is urged on •appeal that the court.had no jurisdiction to grant a peremptory writ -of mandamus, as the proceeding was not brought in the name of the People on the relation of the plaintiffs, as required by section 1994 of the Code of Civil Procedure. Aside from the brief submitted by the respondents, we find no suggestion that the proceéding was instituted in behalf of the People on the relation of any -one. We do not understand that the provisions of section…
2Cases cited1 opinion
- Cushing v. RuslanderNew York Supreme Court · 1888
3Cited by1 opinion
- People ex rel. Dunphy v. ChaneyAppellate Division of the Supreme Court of the State of New York · 1916