People ex rel. Kelly v. Pines Bridge Realty Co.

The issue of whether the application is made in good faith for the protection of the rights of the petitioner, or for an improper or ulterior purpose, should be settled on an alternative writ. Hence a peremptory writ may not issue. Order modified so as to direct issue of an alternative writ, and as so modified affirmed, without costs. Jenks, P. J., Thomas, Rich, Blackmar and Kelly, JJ., concurred. Order to be settled before Mr. Justice Thomas.