Legal Opinion

People Ex Rel. Arnold v. . Skene

New York Court of Appeals

Decided January 26, 1909PublishedCited by 5 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 9, 1908, which affirmed an order of Special Term, granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the position of laborer on the barge canal. The facts, so far-as material, are stated in the opinion. This motion can only be made in the third judicial district. (Code Civ.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 9, 1908, which affirmed an order of Special Term, granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator in the position of laborer on the barge canal. The facts, so far-as material, are stated in the opinion. This motion can only be made in the third judicial district. (Code Civ. Pro. §§ 2068, 2084; Mason v. Willers, 7 Hun, 23; People v. Myers, 50 Hun, 479; People ex rel. Shook v. Kilburn, 28 Misc. Rep. 679; People ex rel. Dagger…

1Per curiam

The only question raised by this appeal relates to the venue of the proceeding. Upon an affidavit of the relator an order to show cause why a peremptory writ of mandamus should not issue was granted by a justice of the Supreme Court, returnable at a Trial Term to be held in and for the county of Orleans at the court house in the village of Albion. Upon the return of this order, a deputy attorney-general appeared specially for the state engineer “ and made a preliminary objection that the motion for a writ of mandamus was not made in the proper county and that the court was without…

2Cited by5 opinions

  1. Beasley's Estate v. Rauch, Rec.Indiana Court of Appeals · 1937
  2. Avon Dairies, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1952
  3. Rochester Co-operative Milk Producers Bargaining Agency, Inc. v. Du MondNew York Supreme Court · 1945
  4. Caparco v. KaplanNew York Supreme Court · 1962
  5. McAllister v. HarnettAppellate Division of the Supreme Court of the State of New York · 1937

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