General
In the Matter of the Application of Albert Clements, Respondent, for a Peremptory Writ of Mandamus, Directed to William Williams, as Commissioner, etc., and Another. Edison Electric Illuminating Company of Brooklyn and Another, Appellants
189 A.D. 911·New York Supreme Court, Appellate Division·1919·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
In the Matter of the Application of Albert Clements, Respondent, for a Peremptory Writ of Mandamus, Directed to William Williams, as Commissioner, etc., and Another. Edison Electric Illuminating Company of Brooklyn and Another, Appellants.
[MAJORITY]
Appeal dismissed, with costs, upon the ground that an order granting an alternative writ of mandamus is not appealable. (People ex rel. Levenson v. O’Donnel, 99 App. Div. 253; People ex rel. Mount Vernon Trust Co. v. Millard, 127 id. 77; People ex rel. Wilson v. African W. M. E. Church, 156 id. 386.) Jenks, P. J., Putnam, Blackmar, Kelly and Jaycox, JJ., concurred.