People Ex Rel. Empire City Trotting Club v. State Racing Commission
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 28, 1907, which reversed an order of Special Term denying a motion for a péremptory writ of mandamus to compel, the state racing commission to issue a license to the relator and granted such writ. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 28, 1907, which reversed an order of Special Term denying a motion for a péremptory writ of mandamus to compel, the state racing commission to issue a license to the relator and granted such writ. The facts, so far as material, are stated in the opinion. The construction below overlooks, of seeks to overthrow, the broad distinction which exists between ordinary and useful occupations on the one hand and the maintenance of public exhibitions and amusements on the other. (Munn v.…
1Per curiam
Though we do not concur in the doctrine of the majority of the learned Appellate Division that the commission has no discretionary powers over the grant of a license and that “its judgment related’ purely to the sufficiency of the acts constituting the corporation, and not to considerations of public or private policy,” we are still of opinion that the order of the Appellate Division should be affirmed. While the general rule is that mandamus will not lie to compel the performance of a power the exercise of which lies in the discretion of the officer against whom the writ is sought, to that…
2Cases cited7 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
- Illinois State Board of Dental Examiners v. People ex rel. CooperIllinois Supreme Court · 1887
- People ex rel. Cecil v. Bellevue Hospital Medical CollegeNew York Supreme Court · 1891
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by40 opinions
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- Matter of Small v. MossNew York Court of Appeals · 1938
- People Ex Rel. Doyle v. . AtwellNew York Court of Appeals · 1921
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