Legal Opinion
People ex rel. Gantz-Wheeler Construction Co. v. Wheeler
New York Supreme Court
Decided July 15, 1910Published
Mandamus by the People, on the relation of the Gantz-Wheeler Construction Company, to compel Heber E. Wheeler, treasurer of Ontario county, to pay over to relator certain moneys in his hands applicable to the payment for work done on a road improvement in said county. On demurrer to a portion of respondent’s return. Sustained in part.
1Opinion of the CourtSutherland, J.
Section 2077 of the Code of Civil Procedure, referring to the return to an alternative writ of mandamus, provides that:
“For the purpose of the application, each complete statement of facts, assigning a cause why the command of the writ ought not to be obeyed, is regarded as a separate defense, and must be separately stated, and numbered.”
And section 2078 provides that.
“A person, who has made a return to an alternative mandamus, cannot be compelled to make a further return. The people, or the relator, may demur to the return, or to any complete statement of facts, therein separately assigned…
2Cases cited4 opinions
- People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
- Drake v. CockroftNew York Court of Common Pleas · 1855
- People ex rel. Paul Weidmann Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Paul Weidmann Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902