Legal Opinion · Dissent

People ex rel. Platt v. Rice

New York Supreme Court

Decided December 6, 1893Published

Appeal from special term, Columbia county. Application by the people of the state of New York, on relation ■of John I. Platt and William C. Daley, for order to the board of state canvassers, and Frank Bice, secretary of state, Edward Wemple, comptroller, Charles F. Tabor, attorney general, E. F, Danforth, treasurer, and John Bogart, state engineer and surveyor, as members of said board, to show cause why they should not be punished for contempt of court.

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Appeal from special term, Columbia county. Application by the people of the state of New York, on relation ■of John I. Platt and William C. Daley, for order to the board of state canvassers, and Frank Bice, secretary of state, Edward Wemple, comptroller, Charles F. Tabor, attorney general, E. F, Danforth, treasurer, and John Bogart, state engineer and surveyor, as members of said board, to show cause why they should not be punished for contempt of court. From an order denying said order, relators appeal.

1Dissent

MAYHAM, P. J.,

(dissenting.) This is an appeal from two orders, —one made ex parte January 1, 1893, by Justice BARNARD, of the second judicial district; and one made on motion at special term, June 3, 1893, in the third judicial district, by and before Justice' EDWARDS. Various objections are raised by the respondents to the consideration of these appeals by this court, some of which, at least, are worthy of careful consideration. The first objection of this class is that no appeal will lie from the order of Justice BARNARD, made ex parte on the 31st of January, 1893. It seems quite clear upon…

2Cases cited12 opinions

  1. People Ex Rel. Daley v. . RiceNew York Court of Appeals · 1891
  2. People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892
  3. Matter of BradyNew York Court of Appeals · 1877
  4. People Ex Rel. Derby v. . RiceNew York Court of Appeals · 1891
  5. Aldinger v. PughNew York Supreme Court · 1890

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