Legal Opinion

People ex rel. Aldhouse v. McCarthy

New York Supreme Court

Decided October 15, 1903PublishedCited by 1 opinion

Heabiwg upon return to alternative writ of prohibition.

1Opinion of the CourtBischoff, J.

The relator, proceeded against in supplementary proceedings upon a Municipal Court judgment in which the defendant was named as “ Herbert Oldhaus,” has obtained an alternative writ of prohibition to restrain the making, entry and enforcement of an order of the City Court adjudging him in contempt for failure to attend and submit to an examination. His challenge of the City Court’s jurisdiction is founded upon the assertion that the judgment sought to be enforced was absolutely void, both for failure of service of the summons and because he was sued, as he claims, by a wrong name.

From the…

2Cases cited3 opinions

  1. People ex rel. Jones v. ShermanAppellate Division of the Supreme Court of the State of New York · 1901
  2. Schoellkopf v. OhmeisNew York Court of Common Pleas · 1895
  3. Isaacs v. MintzNew York Court of Common Pleas · 1891

3Cited by1 opinion

  1. People ex rel. Heminway v. BostlemannNew York Supreme Court · 1913

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