People ex rel. Utica Sunday Tribune Co. v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas Williams and others, Republican members, etc., from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 10th day of March, 191Ó, directing that certain portions of the return made by them as respondents to a writ of certiorari be stricken from said return.
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Appeal by the defendants, Thomas Williams and others, Republican members, etc., from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 10th day of March, 191Ó, directing that certain portions of the return made by them as respondents to a writ of certiorari be stricken from said return. The writ, issued and attested December 31, 1909, was directed to Thomas Williams and others, constituting a majority of the Republican members of the board of supervisors of Oneida county during the year 1909, and also to the…
1Opinion of the Court
Robson, J.:
It is assumed that relator’s application to the Special Term for an order striking out certain parts of the return was based upon a claim that the return was defective. Section 2135 of the Code of Civil Procedure provides that, if the return to the writ is defective, the court may direct a further return. The order instead of directing a further return, which shall omit the parts thereof to which objection was made, explicitly directs that certain parts of the return be stricken therefrom. It may be that the court at Special Term has the power to require a further return which…
2Cases cited3 opinions
- People ex rel. Union & Advertiser Co. v. Board of SupervisorsNew York Supreme Court · 1891
- People ex rel. Joline v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Hall v. FordAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- People ex rel. Guernsey v. SomersAppellate Division of the Supreme Court of the State of New York · 1912
- Botens v. AronauerNew York Supreme Court · 1971
- People ex rel. Guernsey v. SomersNew York Supreme Court · 1911
- In re CarpAppellate Division of the Supreme Court of the State of New York · 1917