People Ex Rel. Lewis v. . Brush
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department, made December 12, 1894, which affirmed an order of Special Term denying a-motion by the relator for a writ of peremptory mandamus. The facts, so far as material, are stated- in the opinion. The discretion which’ the court has to grant or refuse the' writ of mandamus is a-legal, not an arbitrary discretion, and- its exercise is reviewable in the Court of Appeals.
Read the full summary
Appeal from order of the General Term of the Supreme-Court in the second judicial department, made December 12, 1894, which affirmed an order of Special Term denying a-motion by the relator for a writ of peremptory mandamus. The facts, so far as material, are stated- in the opinion. The discretion which’ the court has to grant or refuse the' writ of mandamus is a-legal, not an arbitrary discretion, and- its exercise is reviewable in the Court of Appeals. (People ex rel. v. Common-Council, 78 \N. Y. 56 ; Gilroy v. Smith, 23 N. Y. S. R. 5.) This appeal is properly heard as- a motion. (People v.…
1Opinion of the CourtHaight, J.
The relator asked for a peremptory writ of mandamus, based upon his own affidavit, stating that he received a plurality of the votes lawfully cast for the office of mayor, at the election held in the city of Mount Vernon, May 15, 1894; and that on the following day, at a regular meeting of the common council, the votes were duly canvassed and he declared elected. He also presented a certificate of the city clerk that a resolution was adopted to that effect, together with the affidavit of Edward F. Brush, one of the respondents and the then acting mayor, to the effect- that he conceded that…
2Cases cited2 opinions
- Matter of GardnerNew York Court of Appeals · 1877
- People Ex Rel. Dolan v. . LaneNew York Court of Appeals · 1873
3Cited by28 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
23 more not listed; retrieve them via the Exa API.