People ex rel. Patrick v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Albert T. Patrick, individually and as an executor, etc., of William M. Rice, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1902, denying the relator’s application for a writ of prohibition absolute and quashing and dismissing an alternative writ of prohibition theretofore issued in the action.
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Appeal by the relator, Albert T. Patrick, individually and as an executor, etc., of William M. Rice, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1902, denying the relator’s application for a writ of prohibition absolute and quashing and dismissing an alternative writ of prohibition theretofore issued in the action. The alternative writ shows that proceedings have been duly instituted and are pending undetermined in the Surrogate’s Court of the county of New York for the…
1Opinion of the Court
Laughlin, J.:
• The writ of prohibition only lies where there is a want of jurisdiction or where a court, judge or other tribunal is proceeding in excess of the jurisdiction conferred. (Quimbo Appo v. People, 20 N. Y. 531; People ex rel. Jones v. Sherman, 66 App. Div. 231; People ex rel. Smith v. Doyle, 28 Misc. Rep. 411; 44 App. Div. 403; 162 N. Y. 659 ; Thomson v. Tracy, 60 id. 31; People ex rel. Mayor v. Nichols, 79 id. 582; People ex rel. Oakley v. Petty, 32 Hun, 443 ; People ex rel. Sprague v. Fitzgerald, 15 App. Div. 539 ; Smith v. Whitney, 116 U. S. 167.)
We find it stated by some…
2Cases cited14 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Smith v. WhitneySupreme Court of the United States · 1886
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People ex rel. Newton v. Special Term, Part 1, of Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1920
- In re RiceAppellate Division of the Supreme Court of the State of New York · 1903
- McIntyre v. SawyerAppellate Division of the Supreme Court of the State of New York · 1917
- People ex rel. Woodbury v. HendrickAppellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.