New York Court of Appeals October 5, 1949 (People Ex Rel. Post v. Ransom)

Strong, J.

It was decided by the court for the correction of errors, in the case of the

Commercial Bank of Albany

v.

The Canal Commissioners,

(10 Wend. 25,) that in an alternative mandamus the relator is bound to set forth facts sufficent to entitle him to the relief which he claims, and that it is competent for the defendant at any time after a return and before a peremptory mandamus is awarded,