Legal Opinion

People ex rel. Hummel v. Davy

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 25 opinions

Application by the relator, Abraham H. Hummel, for a writ of prohibition directed to the respondents restraining them from proceeding further in certain criminal actions against the relator instituted by indictments of the grand jury of the county of Hew York, a motion to set aside which had been denied.

1Opinion of the Court

McLaughlin, J.:

In January, 1904, Charles F. Dodge was indicted by the grand jury of the county of Hew York for the crime of perjury committed in an affidavit used on a motion to procure an order setting aside a decree of divorce obtained against him by his wife. In January, 1905, the grand jury had under investigation a charge of conspiracy by Dodge and others, in unlawfully procuring the dissolution of this decree and the annulment of the wife’s subsequent marriage to Charles W. Morse, as well as the subornation of Dodge to commit the perjury for which he stood indicted.

The relator is an…

2Cases cited8 opinions

  1. People v. LauderMichigan Supreme Court · 1890
  2. Boone v. PeopleIllinois Supreme Court · 1894
  3. Thomson v. . TracyNew York Court of Appeals · 1875
  4. People v. KingCalifornia Supreme Court · 1865
  5. People v. HulbutNew York Supreme Court · 1847

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3Cited by25 opinions

  1. People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
  2. People v. De FeoNew York Court of Appeals · 1955
  3. State v. SmithSouth Dakota Supreme Court · 1929
  4. Eden Musee American Co. v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
  5. People ex rel. Sampson v. DunningAppellate Division of the Supreme Court of the State of New York · 1906

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