People Ex Rel. Robert Simpson Co. v. Kempner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1913, which reversed an order of Special Term denying a motion for a writ of prohibition and granted said motion as a matter of law and not as matter of discretion. The facts, so far as material, are stated in the opinion. The proceeding before the magistrate, which it is sought in this action to prohibit, in no way affects title.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 27, 1913, which reversed an order of Special Term denying a motion for a writ of prohibition and granted said motion as a matter of law and not as matter of discretion. The facts, so far as material, are stated in the opinion. The proceeding before the magistrate, which it is sought in this action to prohibit, in no way affects title. (Houghton v. Bachman, 47 Barb. 388; Simpson v. St. John, 93 N. Y. 363.) The provisions of the Code of Criminal Procedure regarding the…
1Opinion of the CourtChase, J.
The relator is a domestic corporation engaged in business as a licensed pawnbroker. On and prior to January 26, 1912, it was in possession of two diamond rings which it held as security for a loan of fifteen dollars made to the person who delivered the rings to it. A woman claims that she is the owner of said rings and that they were stolen from her by her maid and pawned by said maid to the relator. No one has been convicted, of the alleged theft. On January 27 an information was filed with a magistrate charging said maid with the crime of grand larceny in stealing said rings and a warrant…
2Cases cited3 opinions
- Simpson v. . St. JohnNew York Court of Appeals · 1883
- Modern Loan Co. v. Police CourtCalifornia Court of Appeal · 1910
- Bell v. ClappNew York Supreme Court · 1813
3Cited by45 opinions
- People v. DeforeNew York Court of Appeals · 1926
- People v. AlfinitoNew York Court of Appeals · 1965
- United States v. MarescaDistrict Court, S.D. New York · 1920
- People v. DolginIllinois Supreme Court · 1953
- State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
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