Legal Opinion

People ex rel. Burnham v. Flynn

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

Decided July 12, 1906PublishedCited by 7 opinions

Appeal by the relator, Charles .Burnham, from an order 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 27th day of March, 1906, dismissing a writ of habeas corpus theretofore issued in behalf of the relator and remanding the said relator to the custody of the warden of the city prison.

1Opinion of the Court

Houghton, J.:

The relator is the manager of a theatre and a member of the “Theatre Managers’ Association” of the city of Hew York. The complainant James S. Metcalf is a dramatic critic and writer, and he charges the relator and other theatre managers with entering into a criminal conspiracy to prevent him from exercising his lawful calling of critic by entering into an agreement to exclude him from the theatres managed by them, and by the carrying out of such agreement and forcibly preventing him from entering after he had purchased a ticket of admission.

At a meeting of the Theatre Managers’…

2Cases cited3 opinions

  1. National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
  2. People v. . FlackNew York Court of Appeals · 1891
  3. Collister v. . HaymanNew York Court of Appeals · 1905

3Cited by7 opinions

  1. Marrone v. Washington Jockey ClubSupreme Court of the United States · 1913
  2. People v. KlawNew York Court of General Session of the Peace · 1907
  3. Roseneau v. Empire Circuit Co.Appellate Division of the Supreme Court of the State of New York · 1909
  4. People v. HarrisNew York Supreme Court · 1944
  5. Metcalfe v. KlawAppellate Division of the Supreme Court of the State of New York · 1909

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