The People Ex Rel. Faile v. . Ferris
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term, which directed the issuing of a peremptory writ of mandamus, enjoining and restraining the defendant, Ferris, from presiding at any of the meetings of the board of trustees of the village of White Plains, and from voting on the election of any of such officers as by statute are made elective by said trustees; and enjoining and restraining the…
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term, which directed the issuing of a peremptory writ of mandamus, enjoining and restraining the defendant, Ferris, from presiding at any of the meetings of the board of trustees of the village of White Plains, and from voting on the election of any of such officers as by statute are made elective by said trustees; and enjoining and restraining the defendant, Lyon, from taking the oath of office as president of said village, and from attempting to exorcise any of the…
1Opinion of the CourtAndrews, J.
Upon the facts presented to the Special Term there was no legal right in the relator to the remedy by mandamus. The awarding of a mandamus is, in general, discretionary. There may be cases where a party is legally entitled to have the writ issued, and where a denial of the right would be reviewable in this court. But this -is not a case of that character. It is not the proper office of a writ of mandamus to restrain a party claiming to bo a public officer from exercising his office, or to enjoin one claiming to have been elected or appointed to an office from qualifying. “ Mandamus is always…
2Cases cited1 opinion
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
3Cited by14 opinions
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- State ex rel. Schumacher v. MarkhamWisconsin Supreme Court · 1915
- Borough of Ansonia v. StudleySupreme Court of Connecticut · 1895
- Attorney General ex rel. Hudson v. Common CouncilMichigan Supreme Court · 1911
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