Legal Opinion
In re Beckley
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1926PublishedCited by 4 opinions
1Per curiam
The order appealed from denied an application for a peremptory mandamus order io compel the Commissioner of Farms and Markets to make an award of $100 to the petitioner for a tubercular bull slaughtered by the State. We approve of the denial of the application, for the reason that a certificate awarding indemnity had been issued pendente lite and was set up in the answering affidavit. This constituted a good defense to the application. (People ex rel.-v. Baker, 35 Barb. 105.)
If there had been an arbitration and an award pursuant to it, we should be constrained to hold a finding as to the…
2Cases cited3 opinions
- Matter of Carroll v. . Knickerbocker Ice Co.New York Court of Appeals · 1916
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- People Ex Rel. Dawley v. . WilsonNew York Court of Appeals · 1921
3Cited by4 opinions
- People ex rel. Albrecht v. HarnettAppellate Division of the Supreme Court of the State of New York · 1927
- In re AlexanderNew York Supreme Court · 1927
- Quirk v. KellyAppellate Division of the Supreme Court of the State of New York · 1959
- Rucinski v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1937