Legal Opinion

People ex rel. Bourke v. Grout

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

Decided July 15, 1905PublishedCited by 3 opinions

Appeal by the defendants, Edward M. Grout, comptroller of the city , of ISTew York, and another, from an order of the Supreme - Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 4th day of April, 1905, granting the relators’ motion for a peremptory writ of mandamus.

1Opinion of the Court

Willard Bartlett, J. :

This application for a peremptory writ of mandamus to compel the cancellation of certain tax sales was opposed - by an'affidavit of the comptroller which was insufficient to raise any issue. The material allegations essential to establish the invalidity of the tax *229sales, however, were set out in the petition of the relators only upon information and belief, without stating the sources of the information, except as to one or two matters. I think that the insufficiency of the relators proof in this respect required a denial of their application, even in the absence of an…

2Cases cited1 opinion

  1. People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1907
  2. In re Brooklyn Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. In re New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1916

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