People, Ex Rel. Hartford L. Ins. Co. v. . Fairman
New York Court of Appeals
Appeal by the relator from an order of the General Term of the Supreme Court, in the third judicial department, made September 23, 1882, which affirmed two orders of Special Term, one of which denied the motion of the relator herein for a peremptory mandamus, and the other denied relator’s motion to modify or amend the first order so as to permit an alternative writ to issue.
1Opinion of the Court
Eafallo, J.,
The reasons assigned in the opinion of the court at Special Term, for denying the peremptory writ of mandamus there applied for, were in our judgment quite sufficient to justify the conclusion reached.
The relator cannot now complain that the court passed upon the motion for a peremptory writ, instead of awarding an alternative writ. The motion was for a peremptory writ, and it does not appear that any application was made for an alternative writ, but on the contrary, that after the respondent had read affidavits in justification of his own action, and controverting the allegations…
2Cases cited1 opinion
- People Ex Rel. Lawrence v. Board of Supervisors of the County of WestchesterNew York Court of Appeals · 1878
3Cited by2 opinions
- People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892
- Boston Ins. Co. v. United StatesUnited States Court of Claims · 1923