People ex rel. Morse v. Nussbaum
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles W. Morse, the relator in the first above-entitled. action, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 3d day of July, 1900, setting aside an alternative writ of prohibition, theretofore granted commanding Myer Mussbanm, an alleged referee, and John C. Davies, Attorney-General of the State of Mew York, to desist and refrain from any further proceedings under an ex…
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Appeal by Charles W. Morse, the relator in the first above-entitled. action, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 3d day of July, 1900, setting aside an alternative writ of prohibition, theretofore granted commanding Myer Mussbanm, an alleged referee, and John C. Davies, Attorney-General of the State of Mew York, to desist and refrain from any further proceedings under an ex jparte order dated May 28, 1900, directing the said Charles W. Morse and others to appear before a referee for…
1Opinion of the Court
Kellogg, J.:
This motion to dismiss is made upon the ground that the order is not appealable to this court, and Matter of Attorney-General (155 N. Y. 441) is cited by respondents in support of the motion. That case held that a similar order to this was not a finál order in a special proceeding, and, therefore, not appealable to the Court of Appeals. That in fact it was not a special proceeding in which the order was made. The Court of Appeals had previously held that no order in an action, whether final or otherwise, was appealable, as a matter of right, to the Court of Appeals ( Van Arsdale…
2Cases cited9 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Jenkins v. . PutnamNew York Court of Appeals · 1887
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3Cited by12 opinions
- Board of Com'rs of Grady Co. v. HammerlySupreme Court of Oklahoma · 1921
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
- State v. DominguezSupreme Court of Louisiana · 1955
- People v. George Henriques & Co.New York Court of Appeals · 1935
- People ex rel. Patrick v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1902
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