¶1As direct issues of fact are presented upon the moving and answering, and replying affidavits, the direction for the issuance of a-peremptory writ of mandamus was error. ■ The orders appealed- from are,therefore, reversed, with ten dollars costs and disbursements, the motions *919for a peremptory writ denied, and alternative writs granted. Present — Ingraham, P. J., McLaughlin, Laughlin Clarke and Scott, JJ. Orders reversed, with ten dollars costs and disbursements, and motions denied, and alternative writs of mandamus granted.
169 A.D. 918
In re Blumenthal
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-06-15
Appeals from orders of the Supreme Court, entered in the New York county clerk’s office on the 10th day of October, 1914, granting motions for peremptory writs of mandamus.
Decided 1915-06-15