People Ex Rel. Drake v. . Andrews
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1909, which reversed an order of the court at a Trial Term adjudging relator guilty of criminal contempt of court and directed his discharge from custody. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 6, 1909, which reversed an order of the court at a Trial Term adjudging relator guilty of criminal contempt of court and directed his discharge from custody. The facts, so far as material, are stated in the opinion. The subpoena in question issued by the district attorney was a process issued out of a court, and was, therefore “ a mandate” under section 8 and section 3343 of the Code of Civil Procedure. (Code Cr. Pro. §§ 607, 609, 612-614, 619; 3 Eney. Diet. 3760; 23 Am. & Eng.…
1Opinion of the Court
Cullen, Ch. J.
In a memorandum handed down by the court in this case it was stated that had it appeared in the order then before us that the reversal was made solely on the law and not on the facts, the order would be appeal-able. Since the rendition of that decision, the order of the Appellate Division has been amended in the respect referred to, and we can now deal with the appeal on its merits.
In February, 1909, at a Trial Term of the Supreme Court held in Oneida county, the grand jury was investigating the criminal misconduct of certain of the officers of said county. The relator Drake was…
2Cases cited2 opinions
- King v. . BarnesNew York Court of Appeals · 1889
- Sherwin v. . PeopleNew York Court of Appeals · 1885
3Cited by17 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Matter of Spector v. AllenNew York Court of Appeals · 1939
- People v. NatalNew York Court of Appeals · 1990
- Bernoff v. AmorosoNew York Supreme Court · 1946
- In re HanburyAppellate Division of the Supreme Court of the State of New York · 1914
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