Corporations
The People of the State of New York ex rel. Harry B. Weatherwax, Respondent, v. James R. Watt, as Mayor of the City of Albany, Appellant
197 A.D. 929·New York Supreme Court, Appellate Division·1921·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Third Department,
May, 1921.
The People of the State of New York ex rel. Harry B. Weatherwax, Respondent, v. James R. Watt, as Mayor of the City of Albany, Appellant.
Mandamus — when writ will issue to require enforcement of Transportation Corporations Law, § 26.†
† Added by Laws of 1915, chap. 667, as amd. by Laws of 1919, chap. 307.—[Rep.
Appeal from an order of the Supreme Court, entered in the Albany county clerk’s office April 16, 1921, granting an application for a peremptory writ of mandamus.
For other decisions of this term, see ante, p. 901.
[MAJORITY — Per Curiam:]
Per Curiam:
The court is clearly of the opinion that the persons operating the vehicles in question are guilty of a crime. It is equally clear that it is the duty of the mayor to take care that the law against the commission of such crimes is executed and enforced, which up to the present time he has refused to do. The able and comprehensive opinion of Mr. Justice Hinman at Special Term renders further discussion unnecessary. [Reported in 115 Misc. Rep. 120.] Order unanimously affirmed, with costs.