People ex rel. Geraci v. Italian Ass'n St. Bartholomew Eoliana of Mutual Aid
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Domenico Geraci, from a final order of the Supreme Court, made at .the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of May, 1907, dismissing an alternative writ of mandamus upon the merits, also (as stated in the notice of appeal) from a judgment entered the same day pursuant to said final order, and also from an order entered in said clerk’s ofiice on the 5th day of June, 19.07, denying the…
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Appeal by the relator, Domenico Geraci, from a final order of the Supreme Court, made at .the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of May, 1907, dismissing an alternative writ of mandamus upon the merits, also (as stated in the notice of appeal) from a judgment entered the same day pursuant to said final order, and also from an order entered in said clerk’s ofiice on the 5th day of June, 19.07, denying the relator’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The relator was a member of the defendant society. Under pro- ■ ceedings taken by the society he was expelled for alleged failure to comply with the by-laws in respect to the payment of dues, and *278feigning illness so ■ as to obtain a sick benefit. He applied to and obtained from the court at Special Term-an alternative writ of mandamus for his reinstatement. The return of the society put in issue the material allegations of the papers upon which the writ ■ ■was granted. The issue thus raised subsequently came on for a hearing at a Trial Term of this cburt, and after hearing the…
2Cases cited3 opinions
- People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
- People ex rel. Bean v. ClausenAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Ryan v. BinghamAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- People ex rel. Solomon v. Brotherhood of PaintersAppellate Division of the Supreme Court of the State of New York · 1915