People ex rel. Brownson v. Marine Court
New York Supreme Court
APPEAL from an order made at a special term, denying an absolute writ of prohibition. Actions were commenced by Samuel W. Slocum in the marine court of the city of New Y ark, against James S. Brownson, Frank P. Slocum and Edward Hopkins, by attachment, upon three several promissory notes made by the defendants for #600, #650 and #600, respectively. The complaint in each case was the usual complaint upon a promissory note.
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APPEAL from an order made at a special term, denying an absolute writ of prohibition. Actions were commenced by Samuel W. Slocum in the marine court of the city of New Y ark, against James S. Brownson, Frank P. Slocum and Edward Hopkins, by attachment, upon three several promissory notes made by the defendants for #600, #650 and #600, respectively. The complaint in each case was the usual complaint upon a promissory note. The defendants put in an answer, in each case, in which they claimed and insisted that the action ought not to be maintained against them: “First Because the same was begun…
1Opinion of the Court
*348 By the Court,
Ingraham, P. J.
We see no good reason for granting the writ of prohibition asked for on these motions. The writ does not issue to correct irregularities or errors in administering justice by inferior courts, but to prevent courts from going beyond their jurisdiction in the exercise of judicial power in matters over which they have no cognizance. (2 Hill, 367. 7 Wend. 518.) It ought not to issue where the party has a complete remedy in some other and more ordinary form. (2 Hill, 367.)
In the present case, the first ground upon which the writ is asked for is, that the affidavit on…
2Cases cited1 opinion
- People v. S. S. SewardNew York Supreme Court · 1832
3Cited by9 opinions
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- Fleming v. CommissionersWest Virginia Supreme Court · 1888
- State Ex Rel. Talaba v. MorelandOhio Supreme Court · 1936
- People of the Territory ex rel. Marks v. HillsUtah Supreme Court · 1888
- Dayton v. PaineSupreme Court of Minnesota · 1868
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