In re Application of Stutzbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Otto Stutzbach, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on- the 29th day of March, 1901, denying the relator’s motion for a peremptory writ of mandamus. '
1Dissent
McLaughlin, J. (dissenting):
Certain material allegations set out in the moving papers were denied, and this in and of itself was a sufficient ground for denying the application. (People ex rel. Corrigan v. Mayor, 149 N. Y. 215; Matter of Haebler v. New York Produce Exchange, Id. 414.) For instance, the comptroller denied that he knew, at the time the relator was dismissed, that he was a veteran of the Union army, and in connection with such denial alleged that he had no knowledge of that fact, nor had his attention been called to it by the relator or by any one else. He also alleged that, at…
2Cases cited4 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- McCloskey v. WillisAppellate Division of the Supreme Court of the State of New York · 1897