Legal Opinion

McIntyre v. Sawyer

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

Decided August 16, 1917PublishedCited by 3 opinions

Return of an order to show cause why an absolute order of prohibition should not issue commanding the respondents, The People of the State of New York and James A. Delehanty, to desist and refrain from taking any further proceedings in an action in the nature of quo warranto brought by The People of the State of New York on the relation of James A. Delehanty and by said Delehanty against John F. McIntyre at an extraordinary Trial Term of the Supreme Court appointed to be…

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Return of an order to show cause why an absolute order of prohibition should not issue commanding the respondents, The People of the State of New York and James A. Delehanty, to desist and refrain from taking any further proceedings in an action in the nature of quo warranto brought by The People of the State of New York on the relation of James A. Delehanty and by said Delehanty against John F. McIntyre at an extraordinary Trial Term of the Supreme Court appointed to be held on the 7th day of August, 1917.

1Opinion of the Court

Laughlin, J. :

Counsel for the relator asks for the writ of prohibition upon three grounds. By consent of counsel and the court, the application has been made somewhat informally. Some of the facts are shown by affidavits and others were conceded on the argument and are matters of record.

By an order or proclamation bearing date July 23, 1917, the Governor of the State appointed an extraordinary term of the Supreme Court to be held in the county of New York on the 7th day of August, 1917, to continue so long as may be necessary for the disposal of the business which might be brought before it…

2Cases cited8 opinions

  1. People v. . McKaneNew York Court of Appeals · 1894
  2. People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
  3. People Ex Rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial Term of the Supreme CourtNew York Court of Appeals · 1917
  4. Matter of Metz v. . MaddoxNew York Court of Appeals · 1907
  5. People v. McKaneNew York Supreme Court · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United States Ex Rel. Monty v. McQuillanDistrict Court, E.D. New York · 1974
  2. People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918
  3. People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918

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