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People ex rel. O'BRIEN v. Bolte

71 N.Y.S. 74 Court N.Y. Sup. Ct. Decision date 1900-07-05 English

Delivered by O’GORMAN, J.

Contents

Majority

p. 74
PEOPLE ex rel. O’BRIEN v. BOLTE, Justice of Municipal Court.
(Supreme Court, Special Term, New York County.
July 5, 1900.)

Headnote

Removal op Causes—Mandamus—Remedy by Appeal.
Mandamus will not lie to compel a justice to remove a cause to another court, where relator has an adequate remedy by appeal.
Mandamus by the people, on the relation of one O’Brien, against Herman Bolte, as justice of the municipal court of the city of New York, to compel removal of a cause. Denied.

The relator misconceives his remedy. If error has been committed in the denial of his ápplication for the removal of the cause, his remedy is by appeal. People ex rel. Goldstein v. Bolte (Sup.) 71 N. Y. Supp. 73 .