137 A.D. 737
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1910
Appellate Division of the Supreme Court of the State of New York · decided 1910-04-22
Appeal by the relator, George E. Dutton, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 29tli day of December, 1909, pursuant to an order made at . the Mew York' Special Term and entered in said clerk’s office on the 17th day of Movember, 1909, quashing an alternative writ of mandamus, and also from the order upon which the judgment was entered.
Cited by 1 later decisions — most recently July 1973
Good law ✅— No negative treatment on recordhow we know
Decided 1910-04-22
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¶1I concur with Mr. Justice McLaughlin, on the ground that mandamus is not the proper remedy. The relator has an action at law to recover any salary due him, where the questions can be much more satisfactorily disposed' of than on an application for a mandamus; and no certificate of the superintendent is necessary to enable him to maintain such an action.
¶2Scott, J., concurred.
¶3Judgment and order affirmed, with costs.