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Gowen v. Consolidated Water Co.
208 A.D. 790
| N.Y. App. Div. | 1924
|
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Order of peremptory mandamus modified by changing the same to order of alternative mandamus, with costs to abide the event. We think the answering affidavits raised an issue of fact, and that, therefore, an alternative order of mandamus should have first issued, pursuant to section 1319 of the Civil Practice Act. Kelly, P. J., Rich, Manning, Kelby and Young, JJ., concur.

Case Details

Case Name: Gowen v. Consolidated Water Co.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 15, 1924
Citation: 208 A.D. 790
Court Abbreviation: N.Y. App. Div.
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