Legal Opinion · Dissent

People ex rel. Kuhne v. Burr

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1908PublishedCited by 5 opinions

Order affirmed upon the opinion of Mr. Justice Burr at Special Term. (Reported sub nom. Matter of Jenkins v. Kuhne, 57 Misc. Rep. 30.) Woodward, Hooker and Gay nor, ■ JJ., concurred; Miller, J., read for reversal, with whom. Jenks,' J., concurred!

1DissentMiller, J.

The relator seeks by certiorari to review a determination of the Special Term adjudging him guilty of a willful disobedience of a lawful mandate of the court, to wit, a writ of habeas corpus, and directing that he be imprisoned in the county jail of Kings county for a period of thirty days and pay a fine, of $250, or in default thereof be imprisoned in the said jail until said fine is paid or for the further period of thirty days, Such a determination may be reviewed by certiorari. (People ex rel. Taylor v. Forbes, 143 N. Y. 219.) Section 8 of the Code of Civil Procedure, in so far as…

2Cases cited2 opinions

  1. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  2. Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907

3Cited by5 opinions

  1. Jensen v. SevyUtah Supreme Court · 1943
  2. In re HanburyAppellate Division of the Supreme Court of the State of New York · 1914
  3. People ex rel. Lobenthal v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1987
  4. Allen v. PeriniDistrict Court, N.D. Ohio · 1968
  5. People ex rel. Kniffin v. KnightNew York Supreme Court · 1945

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