Matter of Sherrill v. . O'Brien
New York Court of Appeals
Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 12, 1906, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus directing the secretary of state to transmit to the county clerk of each county, and to the board of elections of the city of Mew York, election notices as-provided by section 5 of the Election Law, and that he…
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Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 12, 1906, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus directing the secretary of state to transmit to the county clerk of each county, and to the board of elections of the city of Mew York, election notices as-provided by section 5 of the Election Law, and that he embrace in said election notices the number of senators and members of assembly to be voted for-at the election to be held on…
1Per curiam
The appeal in each of the above-entitled proceedings is from an order of the Appellate Division affirming an order of the Special Term denying an application for a common-law writ of mandamus.
It has long been the law thar an order refusing a common-law writ of mandamus is not re viewable in this court unless it appears in the order that it was not refused in the exercise of discretion. If it does not appear in the order that the writ was refused on a question of law only, this court must assume that it was denied in the proper exercise of the discretion of the Supreme Court, which cannot be…
2Cases cited3 opinions
- M'Instry v. TannerNew York Supreme Court · 1812
- Parker v. BakerNew York Court of Chancery · 1840
- People Ex Rel. Lentilhon v. . ColerNew York Court of Appeals · 1901
3Cited by2 opinions
- In re of ReynoldsAppellate Division of the Supreme Court of the State of New York · 1911
- County of Onondaga v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2025