Legal Opinion

People ex rel. Metz v. Dayton

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

Decided July 17, 1907PublishedCited by 4 opinions

Application by the relators, Herman .A. Metz, as comptroller, etc., and others, for a writ of prohibition, directed to Charles W. Dayton, a justice of the Supreme Court, and others.

1Opinion of the Court

Per Curiam :

We-have had an opportunity of examining the opinion of the Appellate Division of the second department in an application similar to the present, upon which was presented the question of the constitutionality of chapter 538 of the Laws of 19Ó7, upon the determination of which this application depends. We are unanimously of the opinion that this act violates several provisions of the Constitution, among Others, those discussed by • the dissenting opinion, with which we concur, as devolving upon'' the Supreme Court purely administrative or ministerial duties which the Constitution…

2Cases cited4 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
  3. People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
  4. People Ex Rel. Duryee v. . DuryeeNew York Court of Appeals · 1907

3Cited by4 opinions

  1. State ex rel. Carrigan v. BowmanUtah Supreme Court · 1911
  2. In re the Transfer Tax upon the Estate of SpingarnNew York Surrogate's Court · 1916
  3. People ex rel. Jordan v. WotherspoonNew York Supreme Court · 1916
  4. People ex rel. Evarts v. Municipal CourtAppellate Division of the Supreme Court of the State of New York · 1914

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