Legal Opinion

People ex. rel. Argyle & Fort Edward Plank Road Co. v. Commissioners of Highways

New York Supreme Court

Decided September 15, 1854PublishedCited by 4 opinions

Motion to strike out parts of the return to an alternative mandamus. So much of the return as it is necessary to state, will be found in the opinion of the court.

1Opinion of the Court

C. L. Allen, Justice.

I had been led to the conclusion that, under § 471 of the Code, all proceedings in relation to writs of mandamus, and the returns thereto, were excepted from the provisions of § 160 of the Code. But the case of The People agt. Ransom (2 Com. 496) decides, that if the return contains anything more than a full answer to the mandamus, it may be rejected as surplusage, or struck out on motion. The motion under that decision is, therefore, properly made.

If the defendants make a return to the alternative writ, they may either deny the facts stated in the writ on which the claim…

2Cases cited2 opinions

  1. Dane v. MalloryNew York Supreme Court · 1852
  2. Minnesota Central Railway Co. v. MorganNew York Supreme Court · 1868

3Cited by4 opinions

  1. People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
  2. People on rel. Adams v. BakerNew York Supreme Court · 1861
  3. Hendricks v. JohnsonMississippi Supreme Court · 1871
  4. State ex rel. Board of County Commissioners v. KirmanNevada Supreme Court · 1883

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