People ex rel. Devery v. Jerome
New York Supreme Court
Application for a writ of prohibition. The material facts are stated in the opinion.
1Opinion of the CourtO’Gorman, J.
The relator, a deputy commissioner of police of the city of New York, applies for a writ of prohibition to restrain the respondent, acting as a police magistrate, from proceeding further upon the complaint made before him by one O’Neill, who charged the relator with oppression in fining him thirty days’ pay for offenses committed against the rules of the police department. It is urged in support of this application that the acts complained of and constituting the matter about to be inquired into by the respondent were performed by the relator while acting in a judicial capacity, and,…
2Cases cited9 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Lange v. . BenedictNew York Court of Appeals · 1878
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- People v. . MeakimNew York Court of Appeals · 1892
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3Cited by10 opinions
- City of Biddeford v. YatesSupreme Judicial Court of Maine · 1908
- Owens v. BondSupreme Court of Florida · 1922
- Connolly v. ScudderAppellate Division of the Supreme Court of the State of New York · 1928
- Davis v. SeawardNew York Supreme Court · 1914
- Ewing v. HaasSupreme Court of Virginia · 1922
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