A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus, Certiorari, and Quo Warranto: With Forms |
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A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus ... H. G. Wood No preview available - 2018 |
Common terms and phrases
¹ Code Civ 18 Wend 25 Wend action affidavit Albany Albany county alleged alternative mandamus alternative writ appeal application assessment attorney attorney-general authority Barb certified Civil Procedure clerk Code of Civil Com'rs command commissioners common law corporation court house court or judge custody damus defendant demurrer detained directed discharge discretion duty enforce entitled ex rel exercise facts final order granted habeas corpus held Hill imprisonment issue John Stiles Johns judgment judicial jurisdiction lies to compel matter Mayor ministerial N. Y. St party peremptory mandamus person petition petitioner prescribed prisoner provision public officer quash quo warranto record refusal relator Richard Collins sheriff show cause special proceeding special term statute superior city Supervisors thereto tion tribunal warrant writ of certiorari writ of habeas writ of mandamus writ of prohibition York
Popular passages
Page 166 - Whether, in making the determination, any rule of law, affecting the rights of the parties thereto, has been violated, to the prejudice of the relator. 4. Whether there was any competent proof of all the facts, necessary to be proved, in order to authorize the making of the determination.
Page 231 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 205 - Where an action is brought by the attorney -general, as prescribed in this title, on the relation or information of a person, having an interest in the question, the complaint must allege, and the title of the action must show, that the action is brought upon the relation of that person.
Page 188 - An action against a corporation, created by, or under the laws of, any other State, government, or country...
Page 203 - Where the patentee or those claiming under him have done or omitted an act in violation of the terms and conditions on which the letters-patent were granted, or have by any other means forfeited the interest acquired under the same.
Page 127 - ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge.
Page 115 - Application for the writ is made by petition, signed either by the party for whose relief it is intended, or by some person in his behalf, and must specify: 1.
Page 195 - Against a person who usurps, intrudes into, or unlawfully holds or exercises, within the State, a franchise, or a public office, civil or military, or an office in a domestic corporation.
Page 114 - Where it appears, by proof satisfactory to a court or judge, authorized to grant either writ, that a person is held in unlawful confinement or custody, and that there is good reason to believe that he will be carried out of the State, or suffer irreparable...
Page 141 - No person who has been discharged by the order of the court or judge upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: 1.