People ex rel. Burbank v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John H. Burbank, from an order of the Supreme Court, made at the Kings County Special Term and ■entered in the office of the clerk of the county of Richmond on the 2Sth day of August, 1897, denying his motion for an absolute writ of prohibition.
1Opinion of the Court
Cullen, J.:
The relator was arrested and taken' before the respondent John B. Wood, justice of the peace, .on a warrant which was issued on the complaint of the respondent. Sanbeg, which charged that the relator had violated section 189, article 8, chapter 974 of the Laws of 1895, as amended by chapter 383 of the Laws of 1896, by interfering with and. disturbing the oysters of said Sanbeg, by dragging a rake over the oyster bed. Thereupon the relator, on the claim that the provisions of the statute in question are unconstitutional and void, obtained an alternative writ of prohibition,…
2Cases cited4 opinions
- Colon v. . LiskNew York Court of Appeals · 1897
- Colon v. LiskAppellate Division of the Supreme Court of the State of New York · 1897
- People Ex Rel. Adams v. WestbrookNew York Court of Appeals · 1882
- People ex rel. First National Bank v. Board of SupervisorsNew York Supreme Court · 1864
3Cited by7 opinions
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- Fenster v. LearyDistrict Court, S.D. New York · 1967
- Fenster v. Criminal Court of New YorkNew York Supreme Court · 1965
- People ex rel. Jerome v. GoffNew York Supreme Court · 1905
- People ex rel. Livingston v. WyattAppellate Division of the Supreme Court of the State of New York · 1906
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