People ex rel. Guntner v. Murray
New York Supreme Court
Appeal from special term, New York county. Application for a writ of certiorari on the relation of Frank Guntner, to review the determination of Henry Murray, a police justice in the city of New York, in committing the relator for disorderly conduct.
1Opinion of the CourtVan Brunt, P. J.
It is manifest that there is no power in this court to review, in the manner sought by this proceeding, the action of the respondent. The very satisfactory opinion of the learned recorder, Smyth, in the case of People v. Vitan, 20 Abb. N. C. 298, shows conclusively that the only method of review is by appeal. Our attention is called to thee ose of People v. Walsh, 33 Hun, 345, in support of the jurisdiction of this court, in which it was held that by section 515 of the Code of Criminal Procedure writs of certiorari in criminal actions, as they have heretofore existed, were abolished, and a…
2Cases cited1 opinion
- Vitan v. VitanNew York Court of General Session of the Peace · 1888
3Cited by2 opinions
- Stewart v. City CourtNew York Supreme Court · 1944
- People ex rel. Rey v. Court of Special SessionsNew York Supreme Court · 1892