People v. Rome, Watertown & Ogdensburgh Railroad
New York Court of Appeals
Appeal from order \of the G-eneral Term of the Supreme Court, in the fourth judicial department, made November 20, 1885, which affirmed an order of Special Term granted on the application of the attorney-general directing the issuing of. a peremptory writ of mandamus.
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Appeal from order \of the G-eneral Term of the Supreme Court, in the fourth judicial department, made November 20, 1885, which affirmed an order of Special Term granted on the application of the attorney-general directing the issuing of. a peremptory writ of mandamus. The following are the material facts alleged in the petition of the attorney-general: That the Rome, Watertown and Ogdensburg 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 comity, to Watertown, Jefferson county, and to points…
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, § 2070.) In determining whether this Writ was properly issued, therefore, we must consider only such facts alleged in the petition as were not denied or put in issue, and the affirmative allegations of the affidavit presented on the part of the defendant in opposition to the application for the wnt. Where the material allegations of the application tor a writ are put in…
2Cases cited3 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- 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 by4 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1895
- Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Sherwood v. Atlantic & Danville Railway Co.Supreme Court of Virginia · 1897
- Chicago & Alton Railroad v. People ex rel. Attorney GeneralIllinois Supreme Court · 1894