Legal Opinion

People ex rel. Fleming v. Mayer

New York Supreme Court

Decided August 15, 1903PublishedCited by 3 opinions

Motion for alternative writ of prohibition.

1Opinion of the CourtBischoff, J.

The relator, subpoenaed as a witness in a proceeding entitled as a prosecution against Charles E. Murphy and others, and purporting to have been instituted on an information laid with the magistrate, makes this application for an alternative writ of prohibition, the main ground of the motion being, as alleged, that the information laid be*290fore the magistrate did not charge the defendants with any specified crime.

Upon snch a motion as this the inquiry is not whether the proceedings assailed are obviously invalid, beyond the possibility of question. No final prohibition is asked, but permission…

2Cases cited2 opinions

  1. People ex rel. Sandman v. TuthillAppellate Division of the Supreme Court of the State of New York · 1903
  2. People ex rel. Howes v. GradyNew York Supreme Court · 1892

3Cited by3 opinions

  1. People ex rel. Willett v. QuinnAppellate Division of the Supreme Court of the State of New York · 1912
  2. People ex rel. Sampson v. DunningAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re TinkcomNew York Supreme Court · 1906

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