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People ex rel. Cossey v. Grout

89 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1904-06-29 English

Delivered by VAN BRUNT, P. J.

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p. 1113
PEOPLE ex rel. COSSEY, Appellant, v. GROUT, Comptroller, Respondent.
(Supreme Court, Appellate Division, First Department.
June 29, 1904.)

Headnote

Application by the people of the state of New York, on relation of Harry Cossey, against Edward M. Grout, as comptroller, for mandamus. From an order denying the writ, the applicant appeals. Affirmed.
L. L. Kellogg, for appellant.
T. Farley, for respondent.

We are of the opinion that the appellant should proceed in the ordinary way by action in order to recover the moneys claimed in this proceeding. In that way the facts can be clearly presented to the court, and the questions involved can be disposed of without resorting to inferences. Without expressing any opinion upon the questions of law involved, and without either affirming or disaffirming the view taken by the court below, we think the order appealed from should be affirmed, with costs.

O’BRIEN, MCLAUGHLIN, and LAUGH-LIN, JJ., concur. HATCH, J., dissents.