People ex rel. Kuhne v. Burr
Appellate Division of the Supreme Court of the State of New York
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
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Saal v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- Jensen v. SevyUtah Supreme Court · 1943
- In re HanburyAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Lobenthal v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1987
- Allen v. PeriniDistrict Court, N.D. Ohio · 1968
- People ex rel. Kniffin v. KnightNew York Supreme Court · 1945