People ex rel. Drake v. Andrews
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of tile Supreme Court and attested on the 19th day of March, 1909, directed to William S. Andrews, Justice of the Supreme Court, etc., and others, commanding them to certify and return to the office of the clerk of the county of Oneida all and singular their proceedings had which resulted in the commitment of the relator for contempt of court.
1Opinion of the Court
Williams, J.:
The order should be reversed and the relator discharged from custody. Certiorari is a proper remedy for the review of this order. (People ex rel. Taylor v. Forbes, 143 N. Y. 219.)
The order states the grounds upon which the conviction was based substantially as follows : A grand jury was in session at that term of court and the district attorney of the county issued a subpoena for John Cox, a witness, requiring him to produce before such grand jury, as evidence, tile books, papers and writings therein described, and delivered such subpoena to tile sheriff’s office of the county…
2Cases cited2 opinions
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Sherwin v. . PeopleNew York Court of Appeals · 1885
3Cited by4 opinions
- Bernoff v. AmorosoNew York Supreme Court · 1946
- In re HanburyAppellate Division of the Supreme Court of the State of New York · 1914
- People v. CarverNew York County Court, Kings County · 1939
- People ex rel. Drake v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1909