The New York Code of civil procedure, as amended to, and including, 1890; twenty-three chapters complete in one volume: with references to code decisions to January 1, 1890 Book PDF, ePub eBook

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Book Descriptions:
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...at a general term, why a mandamus should not issue, a stay of proceedings shall not be granted, before the hearing, by any court or judge. § 2090. Where a final order awards a peremptory mandamus, directed to a public officer, board, or other body, commanding him or them to per. form a public duty, enjoined upon him or them by special provision of law, if it appears to the court, that the officer, or one or more members of the board or body, have, without just excuse, refused or neglected to perform the duty so enjoined, the court, besides awarding to the relator his damages and costs, as prescribed in this article, may, in the same order, impose a fine, not exceeding two hundred and fifty dollars, upon the officer, or upon each member of the board, who has so refused or neglected. The fine, when collected, must be paid into the treasury of the State; and the pay. ment thereof bars any action for a penalty, incurred by the person so fined, by reason of bis refusal or neglect to perform the duty so enjoined. ARTICLE FIFTH. The Writ or Prohibition. I 2091. Kinds of writ; how granted 9092. When writ granted at special term. 2093. Id.; at general term of the su preme court. 2094. Alternative writ must issue first; its contents. 2095 Id.; when returnable; how served. 2096. Absolute writ issues, unless re turn made. 2097. Legal objections, how taken; motion to quash or set aside writ ( 2098. Return by party; proceedings when be adopts judge's return. 2099. Proceedings after return; trial by jury. 2100. Final order; coats 201. Appeals. 2102. Stay of proceedings; enlarge-ment or time. § 2091. A writ of prohibition is either alternative or absolute. The alternative writ may be granted upon an affidavit, or other written proof, nhowing a proper case therefo...

The New York Code of civil procedure, as amended to, and including, 1890; twenty-three chapters complete in one volume: with references to code decisions to January 1, 1890 by New York

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