People ex rel. Adams Dry Goods Co. v. Woodbury
Appellate Division of the Supreme Court of the State of New York
• Appeal by the relators, Adams Dry Goods Co. and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office oí the clerk of the county of New York on the 4th day of March, 1903, denying the relators’ motion for a peremptory writ- of mandamus.
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• Appeal by the relators, Adams Dry Goods Co. and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office oí the clerk of the county of New York on the 4th day of March, 1903, denying the relators’ motion for a peremptory writ- of mandamus. The petitioners, who are proprietors of what are known as department stores, applied to the Supreme Court for a peremptory writ of mandamus to compel John M. Woodbury, commissioner of street cleaning of the city of New York, to “forthwith remove from the premises of your petitioners, and the streets in front…
1Opinion of the Court
Patterson, J.:
The case comes before us on the petition and an affidavit in answer thereto. It is hot claimed by the appellants that any issue of fact should have been tried as upon an alternative writ. The affiant does not admit all the allegations of the petition. He denies that he (the street cleaning commissioner) has refused to remove the garbage from the premises of the petitioners, and avers that he has always kept the streets cleaned in front of the petitioners’ premises and will continue so to do. His refusal was to remove or cause to be removed from the premises of the petitioners…
2Cases cited6 opinions
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- People Ex Rel. Wooster v. . MaherNew York Court of Appeals · 1894
- Quill v. MayorAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Byrnes v. GreenNew York Supreme Court · 1872
- People ex rel. Gibbons v. ColerAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Buffalo Board of Trade v. WardAppellate Division of the Supreme Court of the State of New York · 1915
- Buffalo Board of Trade v. WardAppellate Division of the Supreme Court of the State of New York · 1915