Hyperlawhypertext legal database People ex rel. Howley v. Miller 133 N.Y.S. 305

← Cases

People ex rel. Howley v. Miller

133 N.Y.S. 305 Court N.Y. App. Div. Decision date 1911-12-29 English

Contents

Majority

p. 305
PEOPLE ex rel. HOWLEY v. MILLER et al.
(Supreme Court, Appellate Division, First Department.
December 29, 1911.)

Headnote

Appeal from Special Term, New York County.
Mandamus by the People, on the relation of John J. Howley, against Cyrus C. Miller and another. From an order denying a peremptory writ, relat- or appeals.
Reversed, and peremptory writ granted.
Argued before INGRAHAM, P. J., and McLAUGHLIN, CLARKE, SCOTT, and DOWLING, JJ. '
Milton M. Goldsmith, for appellant.
Terence Farley, for respondents.

For the reasons stated in the opinion in People ex rel. Daly v. Henderson, 133 N. Y. Supp. 304 , decided herewith, the order appealed from should be reversed, with $10 costs and disbursements, and the motion for a peremptory writ of mandamus granted, with $10 costs, in so far as it seeks a direction for the reinstatement of the relator to his position.