People Ex Rel. Childs v. Extraordinary 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 first judicial department, entered July 11,1918, granting relator’s application for an absolute writ of prohibition. The facts, so far as material, are stated in the opinion. A failure to comply literally with the direction of the governor concerning the publication of notice of the Extraordinary Term does not affect the validity of the term or impair its jurisdiction. (People ex rel.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11,1918, granting relator’s application for an absolute writ of prohibition. The facts, so far as material, are stated in the opinion. A failure to comply literally with the direction of the governor concerning the publication of notice of the Extraordinary Term does not affect the validity of the term or impair its jurisdiction. (People ex rel. S. L. & T. Co. v. Supreme Court, 220 N. Y. 487; People v. Duffy, 212 N. Y. 57; Coffey v. Harlan County, 204 U. S. 659; Rogers v. Peck,…
1Opinion of the CourtPound, J.
The Judiciary Law (Cons. Laws, ch. 30), section 153, provides that “ the governor may, when, in his opinion the public interest so requires, appoint one or more extraordinary special or trial terms of the Supreme Court. He must designate the time and place of holding the same, and name the justice who shall hold or preside at such term, and he must give notice of the appointment in such manner as, in his judgment, the public interest requires.”
Pursuant thereto Governor Whitman, on July 31, 1917, issued his proclamation or order appointing an Extraordinary Trial Term of the Supreme Court to be…
2Cases cited6 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- People v. . DuffyNew York Court of Appeals · 1914
- People Ex Rel. Woodbury v. . HendrickNew York Court of Appeals · 1915
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3Cited by33 opinions
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Commonwealth v. Mellon National Bank & Trust Co.Supreme Court of Pennsylvania · 1948
28 more not listed; retrieve them via the Exa API.