People ex rel. New York Disposal Corp. v. Freschi
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Freschi and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of January, 1916, granting relator’s application for an absolute writ of prohibition.
1Opinion of the Court
Jenxs, P. J.:
If the grievance of the relator can be redressed by appeal, then it is not entitled to a writ of prohibition. (People ex rel. Hummel v. Trial Term, 184 N. Y. 30; People ex rel. Ballin v. Smith, Id. 96; People ex rel. Livingston v. Wyatt, 186 id. 383, 394; Thomson v. Tracy, 60 id. 31.) Prom any adverse judgment of the Court of Special Sessions the defendant is afforded the right of appeal. (Laws of 1910, chap. 659, § 40.) We must inquire, therefore, whether the point upon which the writ is asked for could be presented by such an appeal.
Information was laid before a city magistrate…
2Cases cited4 opinions
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- People v. GroutAppellate Division of the Supreme Court of the State of New York · 1915
- People v. CullyAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Cohen v. Warden of the Third District PrisonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by16 opinions
- Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
- People v. Knapp, New York County Courts1934
- Barber v. RichardsonNew York Supreme Court · 1941
- Fenster v. LearyDistrict Court, S.D. New York · 1967
- Consolidated Edison Co. v. MurtaghNew York Supreme Court · 1951
11 more not listed; retrieve them via the Exa API.