Legal Opinion

People ex rel. Maher v. Potter

New York Supreme Court

Decided November 15, 1907PublishedCited by 2 opinions

Certiorari by the people, on the relation of Edward A. Maher, to review the act of Oswald W. Potter, a justice of the peace, acting as city judge of Yonkers in causing the restraint of relator. Relator discharged.

1Opinion of the CourtMiles, J.

This is a proceeding by writ of certiorari for the purpose of inquiring into the cause of the imprisonment or restraint of the relator. It appears from the petition and return that the defendant, a justice of the peace of the city of Yonkers, while serving as the acting city judge of that city, received from the health officer of the city a complaint, verified by him on the 25th of October last, against the relator, charging him with having “unlawfully violated section 144, art. 15, of the Sanitary Code of the city of Yonkers, in that he did use and cause to be used the building of the…

2Cases cited5 opinions

  1. Wass v. . StephensNew York Court of Appeals · 1891
  2. People v. . CorbalisNew York Court of Appeals · 1904
  3. People ex rel. Albert v. PoolAppellate Division of the Supreme Court of the State of New York · 1902
  4. People ex rel. Schuler v. SchatzAppellate Division of the Supreme Court of the State of New York · 1900
  5. People ex rel. Albert v. PoolAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. People v. AngelakosCriminal Court of the City of New York · 1985
  2. United States ex rel. Priester v. FayDistrict Court, S.D. New York · 1963

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