Mitchel v. Honorable Cropsey
Appellate Division of the Supreme Court of the State of New York
Motion by John Purroy Mitchel, as mayor, for an alternative writ of prohibition directed to James C. Cropsey, a justice of the Supreme Court, commanding him to desist from further proceedings under an order made by him pursuant to section 1534 of the charter of the city of New York (Laws of 1901, chap. 466), dated March 2, 1917, for the examination of said John Purroy Mitchel, mayor of the city of New York, and other city officials therein named.
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Motion by John Purroy Mitchel, as mayor, for an alternative writ of prohibition directed to James C. Cropsey, a justice of the Supreme Court, commanding him to desist from further proceedings under an order made by him pursuant to section 1534 of the charter of the city of New York (Laws of 1901, chap. 466), dated March 2, 1917, for the examination of said John Purroy Mitchel, mayor of the city of New York, and other city officials therein named. At the same time there was presented and argued before this court a motion to vacate the said order for the examination. Pursuant to chapter 777 of…
1Opinion of the Court
Blackmar, J.:
We are met at the threshold of the case by the claim that the statute (Greater N. Y. Charter [Laws of 1901, chap. 466], § 1534) is unconstitutional because it is said to confer non-judicial functions upon justices of the Supreme Court. The statute authorizes a justice of the Supreme Court in the first or second *666judicial department to order a summary examination in public of any member of the board of aldermen, commissioner, head of department, chief of bureau, deputy thereof or clerk therein, or other officer of the corporation or person. .It provides that the order shall be…
2Cases cited14 opinions
- Hayburn's CaseSupreme Court of the United States · 1792
- Gordon v. United StatesSupreme Court of the United States · 1864
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Matter of DaviesNew York Court of Appeals · 1901
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
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3Cited by25 opinions
- Matter of RichardsonNew York Court of Appeals · 1928
- Banco Popular de Puerto Rico v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1944
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- De Rosa v. Slattery Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Zelter v. NashAppellate Division of the Supreme Court of the State of New York · 1955
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