People ex rel. Meeks v. Drummond

Appellate Division of the Supreme Court of New York

People ex rel. Meeks v. Drummond

156 A.D. 926, 141 N.Y.S. 315

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

DecidedMay 15, 1913

StatusPublished

Cited by1 cases

This text of 156 A.D. 926 (People ex rel. Meeks v. Drummond) 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. Meeks v. Drummond, 156 A.D. 926, 141 N.Y.S. 315 (N.Y. Ct. App. 1913).

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Opinion

Per Curiam:

The commissioner of charities removed the relator after due service of notice , of charges upon him, and after affording him an opportunity for explanation. The charges were substantial. The commissioner found the explanation insufficient. The proceedings taken were in conformity with the provisions of the statute.

* Under such circumstances the court will .not review, in a mandamus proceeding, the action of the commissioner and determine whether he ought to have been satisfied with the explanation tendered. The demurrer to the alternative writ was' properly sustained, but the order and the interlocutory judgment should not have "granted leaye to obtain a further writ upon the petition as filed. The judgment and order appealed from should, therefore, be mod[927]*927ified by striking out the leave granted, and as so modified affirmed, with ten dollars costs and disbursements. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, -JJ. Judgment and order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements. Order to be settled on notice..

See Laws of 1901, chap. 466, § 1543.— [Rep.

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Per Curiam:

The commissioner of charities removed the relator after due service of notice , of charges upon him, and after affording him an opportunity for explanation. The charges were substantial. The commissioner found the explanation insufficient. The proceedings taken were in conformity with the provisions of the statute.

* Under such circumstances the court will .not review, in a mandamus proceeding, the action of the commissioner and determine whether he ought to have been satisfied with the explanation tendered. The demurrer to the alternative writ was' properly sustained, but the order and the interlocutory judgment should not have "granted leaye to obtain a further writ upon the petition as filed. The judgment and order appealed from should, therefore, be mod[927]*927ified by striking out the leave granted, and as so modified affirmed, with ten dollars costs and disbursements. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, -JJ. Judgment and order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements. Order to be settled on notice..

See Laws of 1901, chap. 466, § 1543.— [Rep.

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156 A.D. 926, 141 N.Y.S. 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-meeks-v-drummond-nyappdiv-1913.

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