People ex rel. Whitman v. Woodward

Laughlin, J. (concurring):

The petition to this court for the writ of prohibition showed presumptively that the Appellate Division in the Second Department, wherein the special proceeding sought to be prohibited originated, was not in session. It is certified in the return of Mr. Justice Woodward that that court was in session. On the issue thus presented, the material facts have been formally stipulated, and it is thus shown that the Appellate Division in the Second Department, on the day when the application was made to this court for the writ, was in recess; that the court on that day…