In Re Bohnet v. . the Mayor, Etc.
New York Court of Appeals
This was a motion to dismiss an appeal taken by David A. Doyle from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 31, 1896, which affirmed an order of Special Term refusing his motion for leave to intervene as a party in the proceedings. The facts, so far as material, are stated in the opinion. The court has jurisdiction to hear this appeal. (Code Civ.
Read the full summary
This was a motion to dismiss an appeal taken by David A. Doyle from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 31, 1896, which affirmed an order of Special Term refusing his motion for leave to intervene as a party in the proceedings. The facts, so far as material, are stated in the opinion. The court has jurisdiction to hear this appeal. (Code Civ. Proc. §§ 190, 3333, 3334; Denise v. Denise, 110 N. Y. 562; Mowry v. Peet, 88 N. Y. 453; 1 Van Santvoord’s Eq. Prac. 22.) This court has no jurisdiction to entertain this appeal. (Code Civ.…
1Opinion of the CourtHaight, J.
On the 26th day of June, 1896, a peremptory writ of mandamus was issued by the Supreme Court in the above-entitled proceedings upon the application of the relator, commanding the commissioner of public works and the superintendent of incumbrances of the city of York to remove from in front of the Astor House in the city of Hew York certain show cases, valises, signs, trunks, bags and other articles of merchandise, as unlawful incumbrances upon Broadway, one of the public streets of the-city. On the first day of July thereafter this writ was executed by the superintendent of incumbrances, Avho…
2Cases cited2 opinions
- White's Bk. of Buffalo v. . FarthingNew York Court of Appeals · 1886
- Brennan v. . HallNew York Court of Appeals · 1892
3Cited by3 opinions
- Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
- Buffalo Dump Truck Owners Ass'n v. CondonAppellate Division of the Supreme Court of the State of New York · 1931
- People ex rel. Pumpyansky v. KeatingAppellate Division of the Supreme Court of the State of New York · 1901