People Ex Rel. Mulkins v. . Jimerson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1919, which unanimously affirmed an order of Special Term denying a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. A writ of prohibition will issue. (People v. Johns, 80 Misc.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 1, 1919, which unanimously affirmed an order of Special Term denying a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. A writ of prohibition will issue. (People v. Johns, 80 Misc. Rep. 418; People v. Appo, 20 N. Y. 531; Hatch v. Luckman, 118 N. Y. 689.) When the errors which the appellant seeks to avoid are future apprehended errors a writ of prohibition will not be granted to guard against them. (People ex rel. Ballin…
1Opinion of the CourtPound, J.
An action was begun against relator in the Peacemakers’ Court of the Cattaraugus reservation of the Seneca Nation of Indians to recover possession of certain real estate. Plaintiff forthwith, without appearing before the Peacemakers’ Court, sought a writ of prohibition from the Supreme Court to arrest the proceedings on the ground that the court was without jurisdiction, asserting as the basis of her application the lawful éxistence of the court as a local statutory court of limited and inferior jurisdiction against which prohibition will properly he. The sole contention of the defendant is…
2Cases cited3 opinions
- People Ex Rel. Childs v. Extraordinary Trial Term of the Supreme CourtNew York Court of Appeals · 1920
- People ex rel. Jimeson v. ShongoNew York Supreme Court · 1913
- People ex rel. Jimeson v. ShongoAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- In re Scro, New York County Courts1951
- Plummer v. HubbardAppellate Division of the Supreme Court of the State of New York · 1923
- Velez v. HuffNew York Supreme Court · 1965