Legal Opinion

People ex rel. Levenson v. O'Donnel

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 6 opinions

Appeal by the defendants, Frank A. O’Donnel and others, commissioners of taxes and assessments of the city of Hew York, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of June, 1904, granting the relator’s motion for an alternative writ of mandamus.

1Opinion of the Court

O’Brien, J.:

The respondent contends that the order is not appealable. The question has never been directly passed - upon in this department, but it has been a frequent subject of discussion and adjudication in the other departments, and, therefore, aside from what would be the opinion of any of the members of this court, were the question a new one, we regard the contention of the respondent as too strongly fortified by precedent and authority to warrant our adopting a contrary view. (People v. Ransom, 2 N. Y. 490; People ex rel. Lester *254v. Mitchell, 39 N. Y. St. Repr. 767; People ex rel.…

2Cases cited4 opinions

  1. People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
  2. People ex rel. Ackerman v. LumbAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re the Estate of KreischerAppellate Division of the Supreme Court of the State of New York · 1898
  4. People ex rel. Ranton v. DoyleNew York Supreme Court · 1895

3Cited by6 opinions

  1. Haydorn v. CarrollAppellate Division of the Supreme Court of the State of New York · 1918
  2. People ex rel. Mount Vernon Trust Co. v. MillardAppellate Division of the Supreme Court of the State of New York · 1908
  3. People ex rel. Ruman v. National Slavonic SocietyAppellate Division of the Supreme Court of the State of New York · 1911
  4. Fountain v. State Ex Rel. HybartSupreme Court of Alabama · 1922
  5. In re ClementsAppellate Division of the Supreme Court of the State of New York · 1919

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API