The People of the State of New York Ex Rel. Michael Broderick, Respondent v. Levi P. Morton, Charles T. Saxton and…

Summary

The New York Court of Appeals reversed the Appellate Division and affirmed the Special Term, holding that the courts have no power to issue a writ of mandamus to the governor, even for ministerial duties, and that a mandamus may run to the lieutenant‑governor and speaker only during legislative recess. It also held that a mandamus cannot be issued against the governor as a trustee of public buildings, that a mandamus proceeding abates when the named officers leave office unless a successor is properly substituted under § 1930, and that section 755 does not preserve the proceeding in such circumstances.