People ex rel. Livingston v. Taylor
New York Supreme Court
Appeal from an order. Robert J. Livingston, the relator, applied to the defendant Douglas Taylor, the commissioner of jurors for the city and county of Hew York, to have his name struck off from the list of jurors for 1864, upon the ground that he was a non-resident The defendant having refused to do so, the relator applied at special term for a mandamus commanding the defendant to strike the name of the relator from the list.
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Appeal from an order. Robert J. Livingston, the relator, applied to the defendant Douglas Taylor, the commissioner of jurors for the city and county of Hew York, to have his name struck off from the list of jurors for 1864, upon the ground that he was a non-resident The defendant having refused to do so, the relator applied at special term for a mandamus commanding the defendant to strike the name of the relator from the list. The writ was granted by default, but subsequently the default was opened, and the judge decided that he had no power to issue the writ in such a case. The relator now…
1Opinion of the Court
By the Court.*—Ingraham, P. J.
We are not furnished with the evidence on which the relator applied to the commissioner of jurors to have his name stricken from the list of jurors, and therefore we cannot decide whether he was entitled thereto, and the only question before us on this appeal is whether a mandamus will lie to the commissioner, of jurors for such a purpose, if it be conceded that the relator is entitled to the relief he asks.
The office of this writ is twofold: one when addressed to *205courts of inferior jurisdiction, and to judicial officers, and to officers exercising judicial…
2Cases cited3 opinions
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- People ex rel. Son v. MinerNew York Supreme Court · 1862
3Cited by7 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Shotwell v. CovingtonMississippi Supreme Court · 1892
- State Ex Rel. Looney v. CarpenterWest Virginia Supreme Court · 1928
- Dental Society v. JacobsAppellate Division of the Supreme Court of the State of New York · 1905
- State ex rel. Metcalf v. GareschéMissouri Court of Appeals · 1877
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