People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme Court
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1917, which denied a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. A writ of prohibition will lie not only for the purpose of restraining the act of a court where it has no jurisdiction, but also where it acts or threatens to act in excess of its jurisdiction.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 30, 1917, which denied a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. A writ of prohibition will lie not only for the purpose of restraining the act of a court where it has no jurisdiction, but also where it acts or threatens to act in excess of its jurisdiction. (Appo v. People, 20 N. Y. 531; Thompson v. Tracy, 60 N. Y. 31; People ex rel. Mayor v. Nichols, 79 N. Y. 582; People ex rel. Sandman v. Tuthill, 79 App. Div. 24; People ex…
1Opinion of the CourtCardozo, J.
In 1895, The Saranac Land and Timber Company, the present relator, began two actions against James A. Roberts, as comptroller of the state of Hew York, to recover possession of land in Franklin county. There have been three trials. Early in the litigation, by stipulation in open court, the parties waived a jury and consented to the appointment of a referee. The third trial, like the earlier ones, resulted in judgments in favor of the plaintiff, which were entered on February 14, 1917.
On February 27, 1917, by proclamation of the governor of the state, an extraordinary Special and Trial Term of…
2Cases cited9 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- People v. . SheaNew York Court of Appeals · 1895
- State v. . LewisSupreme Court of North Carolina · 1890
- Matter of GudenNew York Court of Appeals · 1902
- State v. RegisterSupreme Court of North Carolina · 1903
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3Cited by28 opinions
- Johnson v. Manhattan Railway Co.Supreme Court of the United States · 1933
- Dondi v. JonesNew York Court of Appeals · 1976
- Cunningham v. NadjariNew York Court of Appeals · 1976
- Johnson v. Manhattan Ry. Co.Court of Appeals for the Second Circuit · 1932
- MATTER OF JOHNSON v. PatakiNew York Court of Appeals · 1997
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