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action Albany alleged allowed alternative writ appeal application assessment attorney authority Barb body bring brought cause certified charge Civil Procedure claim clerk Code Civ command commissioners common compel corporation custody defendant determination directed discharge discretion duty effect enforce entitled ex rel execution exercise facts filed final order give given granted ground habeas corpus hearing held Hill imprisonment inferior interest issue Johns judge judgment judicial jurisdiction justice lies to compel mandamus matter motion N. Y. St necessary notice officer party perform person petition prescribed prisoner proceedings prohibition proper provision question reason record refusal relator relief remedy rule served sheriff special term specified statute sufficient Supervisors Supreme Court taken term thereof thereto tion warrant Wend writ of certiorari writ of habeas writ of mandamus York
Halaman 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.
Halaman 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.
Halaman 188 - An action against a corporation, created by, or under the laws of, any other State, government, or country...
Halaman 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.
Halaman 127 - ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge.
Halaman 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.
Halaman 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.
Halaman 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...