People ex rel. Lester v. Mitchell
New York Supreme Court
Appeal from special term, Oswego county. Application by George H. Lester for a writ of mandamus against Edward Mitchell, as mayor of the city of Oswego, and John Dowdle, commanding the mayor to appoint relator to the office of city chamberlain of that city, or show cause to the contrary. From an order granting an alternative, but denying a peremptory, writ of mandamus, defendants appeal.
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Appeal from special term, Oswego county. Application by George H. Lester for a writ of mandamus against Edward Mitchell, as mayor of the city of Oswego, and John Dowdle, commanding the mayor to appoint relator to the office of city chamberlain of that city, or show cause to the contrary. From an order granting an alternative, but denying a peremptory, writ of mandamus, defendants appeal. The notice of appeal appears to be from the whole order, although, after describing the order, the following words are found in the notice of appeal, to-wit: “ Which order directs that an alternative writ of…
1Opinion of the CourtHardin, P. J.
In People v. Ransom, 2 N. Y. 490, it was said that “an alternative mandamus is in the nature of a declaration.” In Fiero on Special Proceedings, at page 72, it is said: “The writ of alternative mandamus is, when granted in the first instance, in the nature of an order to show cause, (People v. Rensselaer Common Pleas, 3 How. Pr. 164; Bank v. Commissioners, 10 Wend. 25;) but also stands as a pleading, (People v. Ovenshire, 41 How. Pr. 164.) ” In People v. Board, 107 N. Y. 235, 13 N. E. Rep. 920, the court, in considering the nature of a writ of mandamus, says that, when it is “asked against…
2Cases cited6 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- People Ex Rel. McMackin v. . Bd. of PoliceNew York Court of Appeals · 1887
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- People ex rel. Hall v. Village of Little FallsNew York Supreme Court · 1889
- People ex. rel. Wiswall v. Judges of Rensselaer Common PleasNew York Supreme Court · 1847
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