People ex rel. Collins v. Ahearn

Appellate Division of the Supreme Court of New York

People ex rel. Collins v. Ahearn

115 A.D. 171, 100 N.Y.S. 716, 1906 N.Y. App. Div. LEXIS 3648

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 19, 1906

StatusPublished

This text of 115 A.D. 171 (People ex rel. Collins v. Ahearn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Collins v. Ahearn, 115 A.D. 171, 100 N.Y.S. 716, 1906 N.Y. App. Div. LEXIS 3648 (N.Y. Ct. App. 1906).

Pincite

Opinion

Per Curiam:

The peremptory writ of mandamus was properly denied.

If the relator’s petition entitled him to an alternative writ we do not think the court had' the power to attach the condition that he should waive all claims for back salary in case of ultimate success. The defendant has not appealed from the order granting the alternative writ. The order must, therefore, stand, but be modified by striking therefrom the provision as to waiver of back salary, and as so modified affirmed; without costs in this court to either party.

By this decision we do not assume to pass upon relator’s rights or to change in any manner our ruling in People ex rel. Michales v. Ahearn (111 App. Div. 741; 98 N. Y. Supp. 492).

Present—O’Brien, P. J., Ingraham, Clarke, Houghton and Scott, JJ.

Order modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.

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