People Ex Rel. Lodes v. Department of Health
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 15, 1907, which affirmed an order of Special Term granting a motion for a peremptory writ of madamus to compel the defendant to rescind its action in revoking permits issued to the relator to sell milk within the borough of Brooklyn. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 15, 1907, which affirmed an order of Special Term granting a motion for a peremptory writ of madamus to compel the defendant to rescind its action in revoking permits issued to the relator to sell milk within the borough of Brooklyn. The facts, so far as material, are stated in the opinion. The relator, on the face of the papers, did not show himself entitled to a peremptory writ of mandamus, and the order appealed from is, therefore, erroneous. (L. 1901, ch. 466, § 1173;…
1Opinion of the CourtHaight, J.
On the 17th day of April, 1903, the board of health of the department of health of the city of Hew York issued to the relator, George Lodes, six permits to sell and deliver milk from wagons and from his store in the borough of .Brooklyn, which permits were revoked by the aboard of health, without notice to him, on the 17th day of January, 1906. Thereupon the relator applied for a peremptory writ of mandamus to compel the board of health to rescind its action in revoking the permits, alleging that there was no public necessity for the revocation of the permits; that the action of the board was…
2Cases cited17 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
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3Cited by113 opinions
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- Matter of Schwab v. McElligottNew York Court of Appeals · 1940
- Northern Cedar Co. v. FrenchWashington Supreme Court · 1924
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