People ex rel. Sampson v. Dunning
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Samuel J. Sampson, from an order of the Supreme Court, made at the -Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of January, 1906, denying the relator’s motion for an absolute writ of prohibition and setting aside an alternative, writ of prohibition theretofore issued herein.
1Opinion of the Court
Woodward, J.:
The relator,.Samuel. J. Sampson, has been subpoenaed as a witness, in what, is popularly known as a “John Doe proceeding,” before a justice .of the peace for the county of Westchester, and he has been denied an absolute writ of prohibition restraining the said justice of the peace from continuing the investigation.and compelling ..the relator to appear and answer questions. He appeals from the order denying such writ. It is well settled that a writ of prohibition.lies'.only where,there is k want of jurisdiction, or where a *37court or judge, or other tribunal, is proceeding in…
2Cases cited6 opinions
- Perkins v. . SmithNew York Court of Appeals · 1889
- People ex rel. Hummel v. DavyAppellate Division of the Supreme Court of the State of New York · 1905
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Sandman v. TuthillAppellate Division of the Supreme Court of the State of New York · 1903
- People v. Hiley, New York County Courts1900
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3Cited by12 opinions
- Roth v. ScruggsSupreme Court of Alabama · 1925
- Wilson v. LaphamSupreme Court of Iowa · 1923
- People v. Doe, New York County Courts1965
- People ex rel. Davis v. Sheriff of Otsego CountyNew York Supreme Court · 1956
- Bozman v. City of BuffaloNew York Supreme Court · 1969
7 more not listed; retrieve them via the Exa API.