People Ex Rel. Durant Land Improvement Co. v. Jeroloman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of May, 1893, which reversed an order of Special Term granting a mandamus to compel the defendant, as justice of the Eighth District Court of the city of New York, to try a certain landlord and tenant proceeding brought by the relator against the Thompson-Houston Electric Company.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of May, 1893, which reversed an order of Special Term granting a mandamus to compel the defendant, as justice of the Eighth District Court of the city of New York, to try a certain landlord and tenant proceeding brought by the relator against the Thompson-Houston Electric Company. The relator owns certain premises in the city of New York, which were leased by the East River Electric Light Company, now known as the Thompson-Houston Electric Company of New York. An action was…
1Opinion of the CourtPeckham, J.
A mandamus is only granted in the sound discretion of the court. This discretion is not, of course, a capricious or arbitrary exercise of the power of the court to refuse relief even in a proper case. Where, however, it appears that with reference to the very question at issue the conduct of the party applying for the writ has been such as to render it inequitable to grant him relief by mandamus, the court may, in the exercise of its discretion, refuse the writ. (People ex rel. v. Boarrd of Assessors, etc., of Brooklyn, 137 N. Y. 201, and cases cited.)
We think there are facts sufficient in…
2Cases cited1 opinion
- People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
3Cited by25 opinions
- Duncan Townsite Co. v. LaneSupreme Court of the United States · 1917
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- State Board of Administration v. RoquemoreSupreme Court of Alabama · 1928
- State ex rel. Sunday v. RichardsSupreme Court of Florida · 1905
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
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