People v. Rome, Watertown & Ogdensburg Railroad
New York Court of Appeals
Appeal from an order of supreme court, general term, fourth department, affirming an order of special term awarding a peremptory writ of mandamus.
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Appeal from an order of supreme court, general term, fourth department, affirming an order of special term awarding a peremptory writ of mandamus. The attorney-general applied to the special term of the supreme court for a peremptory writ of mandamus, and'the following are the material facts alleged in his petition': • That. the Rome, Watertown and Ogdensburgh Railroad Company is a railroad corporation, _ organized under the laws of this state, and was engaged in the operation of a railroad from Rome, Oneida county, to Watertown, Jefferson county, and to points north on the St. Lawrence…
1Opinion of the CourtEarl, J.
In his petition the attorney-general prayed for a peremptory writ of mandamus, and one was awarded. Such a writ is authorized only ‘‘where the applicant’s right to a mandamus depends only upon questions of law.” Code, § 2010. In determining whether this writ was properly issued, therefore, we must consider only such facts alleged in the petition as were not denied or putin issue, and the affirmative allegations of the affidavit presented on the part of the defendant in opposition to the application for the writ. Where the material allegations of the application for a writ are put in issue, or…
2Cases cited2 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
3Cited by7 opinions
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- Weld v. Board of Gas & Electric Light CommissionersMassachusetts Supreme Judicial Court · 1908
- Brownell v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1895
- Day v. Tacoma Railway & Power Co.Washington Supreme Court · 1914
- People ex rel. Hoffman v. TedcastleThe Superior Court of the City of New York and Buffalo · 1895
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