In re McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Clark H. McDonald, 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 21st day of Sejitember, 1898, denying his motion for an alternative writ of mandamus directed to President George C. Clausen, park commissioner for the boroughs of Manhattan and Richmond in the city of ¡New York, and the Department of Parks in the City of ¡New York, commanding them to…
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Appeal by the relator, Clark H. McDonald, 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 21st day of Sejitember, 1898, denying his motion for an alternative writ of mandamus directed to President George C. Clausen, park commissioner for the boroughs of Manhattan and Richmond in the city of ¡New York, and the Department of Parks in the City of ¡New York, commanding them to reinstate the relator in the position of superintendent of the ¡Harlem River Driveway.
1Opinion of the Court
Barrett, J. :
The respondents concede, as indeed the papers clearly show, that there was a square question of fact as to whether the abolition of the office was a sham, contrived for the purpose of indirectly removing the relator. It is also conceded, as the result of that issue, that an alternative mandamus should have issued but for the alleged laches of the relator in making his application. The sole question now presented, therefore, is whether there was such laches as justified the Special Term in denying the alternative writ.
The relator, an honorably discharged Union soldier, duly…
2Cases cited3 opinions
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- People ex rel. Young v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Miller v. Justices of Court of General SessionsNew York Supreme Court · 1894
3Cited by16 opinions
- People ex rel. Croft v. KeatingAppellate Division of the Supreme Court of the State of New York · 1900
- DeLack v. GreeneNew York Supreme Court · 1939
- People ex rel. Taylor v. WeldeNew York Supreme Court · 1899
- Uphoff v. RobertsAppellate Division of the Supreme Court of the State of New York · 1935
- Matter of Curtin v. DormanNew York Court of Appeals · 1944
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