People ex rel. Whitman v. Woodward

This is an application for an absolute writ of prohibition to restrain Mr. Justice Woodward, a justice of the Supreme Court, from proceeding further with the hearing upon a writ of habeas corpus issued by him in the county of Kings, and made returnable in said county, to inquire into the cause of the restraint of Charles H. Hyde, imprisoned and restrained of his liberty in the county jail of the county of Hew York upon an indictment for a felony.

The Code of Civil Procedure (§ 2093) provides that a writ of prohibition issued by' an Appellate Division can be granted only at a term of the…