Legal Opinion

In re Phillips

New York Supreme Court

Decided December 15, 1910Published

Motion in above-entitled proceeding to vacate a subpoena requiring John M. Phillips to testify before Samuel H. Ordway, Esq., as commissioner, appointed by the Governor to investigate charges against the borough president of the borough of Queens.

1Opinion of the CourtKapper, J.

• So much of the facts relating to this case as appears to me to be necessary to a clear understanding of the point involved on this motion is as follows:

Charges against Lawrence Gresser, borough president of the borough of Queens, were lodged with the Governor who thereupon, on September 21, 1910, appointed Samuel H. Ordway, Esq., as commissioner to investigate such charges and to report the evidence taken, the findings made, and the conclusions reached by him to the Governor. The charges were contained in two separate sets, one of which was signed by Charles Brodek and others, and the other…

2Cases cited7 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  3. People v. . AhearnNew York Court of Appeals · 1909
  4. Foster v. KennyAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re the Application of the Attorney-GeneralNew York Supreme Court · 1897

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