People Ex Rel. Ballin v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1905, which affirmed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion." The writ of prohibition should not have issued in this case.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1905, which affirmed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion." The writ of prohibition should not have issued in this case. Relator’s proper remedy was to havé appeared specially before the justice on the return day of the summons* and' object to" the jurisdiction of the court, and move to dismiss the action. If relator was aggrieved by the decision thereon, he had ample redress by appeal.…
1Opinion of the CourtHiscock, J.
The writ of prohibition granted herein in effect restrained the prosecution of a civil action brought before the appellant Smith as a justice of the peace by the appellant Williams as plaintiff against the relator as defendant. We think that it was error to grant this writ, and that the order appealed from must be reversed.
The facts upon which the writ was based are briefly as follows:
The defendant justice of the peace held office in the town of Montgomery, Orange county, while the relator resided in. the county of Hew York. The latter was brought into the town of Montgomery under subpoena as…
2Cases cited10 opinions
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. . MarcoNew York Court of Appeals · 1893
- Fitch v. DevlinNew York Supreme Court · 1853
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Waring v. McKinleyNew York Supreme Court · 1862
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3Cited by19 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People Ex Rel. Childs v. Extraordinary Trial Term of the Supreme CourtNew York Court of Appeals · 1920
- People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1917
- People Ex Rel. Woodbury v. . HendrickNew York Court of Appeals · 1915
- In re Scro, New York County Courts1951
14 more not listed; retrieve them via the Exa API.