People ex rel. Allen v. Murray
The Superior Court of the City of New York and Buffalo
Proceedings in mandamus by the people of the state of Hew York, on the relation of Charles F. Allen, against Thomas E. Murray, as justice of the district court of the city of Hew York for the eleventh judicial district, to compel him to enter the proper order and issue the proper warrant in summary proceedings for the possession of leased premises. An affidavit filed in support of the application contained matter reflecting on the official integrity of respondent.
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Proceedings in mandamus by the people of the state of Hew York, on the relation of Charles F. Allen, against Thomas E. Murray, as justice of the district court of the city of Hew York for the eleventh judicial district, to compel him to enter the proper order and issue the proper warrant in summary proceedings for the possession of leased premises. An affidavit filed in support of the application contained matter reflecting on the official integrity of respondent. Stricken out by the court of its own motion.
1Opinion of the CourtMcADAM, J.
The rule is that an allegation in a pleading or in affidavits of anything which is unbecoming the dignity of the *1052court to hear, or which is contrary to good manners, or which charges crime not necessary to be shown in the cause, is regarded as scandalous, and will be stricken out. 1 Daniell, Ch. PL p. 347; Story, Eq. PI. §§ 266, 862. If matter is scandalous, it is also impertinent. Scandal tends to injure by making records the means of perpetuating libelous and malignant slanders. 1 Story, Eq. Pl. §§ 269, 270. In scandalum magnatum, words spoken in derogation of a peer, judge, or other high…
2Cases cited6 opinions
- Fry v. BennettThe Superior Court of New York City · 1851
- Opdyke v. MarbleNew York Supreme Court · 1864
- Carpenter & Wilcox v. West & Van BenthuysenNew York Supreme Court · 1850
- Opdyke v. MarbleNew York Supreme Court · 1865
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mason v. DutcherNew York Court of Common Pleas · 1895
- Lucas v. Central Missouri Trust Co.Supreme Court of Missouri · 1942