People Ex Rel. Taylor v. . Forbes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 24,1894, which dismissed a writ of certiorari issued upon application of the relator. The relator was convicted of a criminal contempt in refusing to answer questions while testifying before the grand jury, and was committed for such contempt. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 24,1894, which dismissed a writ of certiorari issued upon application of the relator. The relator was convicted of a criminal contempt in refusing to answer questions while testifying before the grand jury, and was committed for such contempt. The facts, so far as material, are stated in the opinion. The writ of certiorari to review, applied for and issued under sections 2120, et seq., of the Code of Civil Procedure, was the proper remedy, and by it the proceedings were properly before the…
1Opinion of the CourtO’Brien, J.
The relator was adjudged guilty of contempt by the justice presiding at a Court of Oyer and Terminer held :at Ithaca in March, 1894, for refusing to answer certain questions propounded to him as a witness before the grand jury. The General Term, upon certiorari, has affirmed the determination.
At the outset the objection is made by the learned counsel for the respondent that the order is not reviewable. This position is based upon the language of § 515 of the Code of Criminal Procedure, as amended by chapter 372 of the Laws of 1884, abolishing writs of error and certiorari, and enacting that…
2Cases cited10 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Temple v. CommonwealthSupreme Court of Virginia · 1881
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Emery's caseMassachusetts Supreme Judicial Court · 1871
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- Arndstein v. McCarthySupreme Court of the United States · 1920
- Matter of DoyleNew York Court of Appeals · 1931
- State v. HeightSupreme Court of Iowa · 1902
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- People v. ThomasNew York Court of Appeals · 1980
143 more not listed; retrieve them via the Exa API.