People ex rel. Fennelly v. Amalgamated Copper Co.

Majority

p. 573

The People of the State of New York ex rel. Joseph Fennelly, Respondent, v. Amalgamated Copper Company et al., Appellants.

Headnote

People ex rel. Kennelly v. Amalgamated, Copper Co., 110 App. Div. 892 , affirmed.

(Argued February 28, 1906;

decided March 20, 1906.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1905, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to permit an inspection of its stock book by the relator.

James M. Be.ck and Carl A. Mead for appellants.

Edward J. McGwire for respondent.

Order affirmed, with costs. The power of the. court to exercise discretion is not presented by the record, the court having exercised its discretion in favor of the relator; no opinion.

Concur: Cullen, Ch. J., O’Brien, Haight, "Vann, Werner and Willard Bartlett, JJ. Not sitting : Hiscook, J.