People ex rel. Evarts v. Municipal Court
Appellate Division of the Supreme Court of the State of New York
Appeals in both cases by the relators, Allen W. Evarts and others, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1914, as resettled by two other orders entered in said clerk’s office on the 17th day of April, 1914, which orders denied the relators’ applications for absolute writs of prohibition to the Municipal Court and dismissed alternative writs heretofore…
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Appeals in both cases by the relators, Allen W. Evarts and others, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1914, as resettled by two other orders entered in said clerk’s office on the 17th day of April, 1914, which orders denied the relators’ applications for absolute writs of prohibition to the Municipal Court and dismissed alternative writs heretofore issued.
1Opinion of the Court
Scott, J.:
In these cases the relators, the surviving members of a well-known and universally respected firm of attorneys, long since dissolved by the death of some of its members, seek to restrain the Municipal Court from proceeding with the trial of two actions brought, one by a former client of the firm and one by the wife of said former client, claiming by assignment from him, and to that end ask that writs of prohibition issue. The claims upon which these actions are founded are certainly stale, one having accrued, as it is alleged, in 1890, and the other in 1888. Whether or not they are…
2Cases cited4 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Hamburger v. HellmanAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Metz v. DaytonAppellate Division of the Supreme Court of the State of New York · 1907
- Electrical Audit & Rebate Co. v. GreenbergAppellate Terms of the Supreme Court of New York · 1907
3Cited by4 opinions
- Magner v. SmythNew York Supreme Court · 1932
- O'Donnell v. MorrisseyNew York Supreme Court · 1934
- Abbey Rent A Car, Inc. v. MooreAppellate Division of the Supreme Court of the State of New York · 1968
- State Ex Rel. Talaba v. MorelandOhio Supreme Court · 1936