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In re Snook

88 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1904-06-03 English

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p. 1117
In re SNOOK et al.
(Supreme Court, Appellate Division, Second Department.
June 3, 1904.)

Headnote

In the matter of the application of John Augustus Snook and others, as executors, etc., of John B. Snook, deceased, for a peremptory writ of mandamus.

Irrespective of any other question, we think that, in order to obtain a mandamus, it should affirmatively appear that the parties whom the counsel assumes to represent are of full age, as required by section 2528 of the Code of Civil Procedure. Order affirmed, with $10 costs and disbursements.