In re Both
Appellate Division of the Supreme Court of the State of New York
Application by the Hon. Selah B. Strong, a justice of the Supreme Court, for leave to appeal to the Court of Appeals from the order of this court entered February 21, 1922, and for a stay of execution of the order pending such appeal. (200 App. Div. 918.) No opinion was written by this court upon granting the order; but in view of the application to appeal to the Court of Appeals, we think that we should set forth the grounds and the reasons upon which we acted.
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Application by the Hon. Selah B. Strong, a justice of the Supreme Court, for leave to appeal to the Court of Appeals from the order of this court entered February 21, 1922, and for a stay of execution of the order pending such appeal. (200 App. Div. 918.) No opinion was written by this court upon granting the order; but in view of the application to appeal to the Court of Appeals, we think that we should set forth the grounds and the reasons upon which we acted. The order directed the Hon. Selah B. Strong, a justice of this court, sitting as a magistrate, to return to the petitioners “ all…
1Opinion of the Court
Blackmar, P. J.:
The court has inherent power to order the return to the owner of books, papers or other articles illegally seized or detained by a magistrate or other public officer charged with the administration of the criminal law. (People v. Kinney, 185 N. Y. Supp. 645; United States v. Mills, 185 Fed. Rep. 318; United States v. Kraus, 270 id. 578; Weeks v. United States, 232 U. S. 383, 398; Newberry v. Carpenter, 107 Mich. 567.) As, in this case, the petition is filed against a justice of the Supreme Court, although acting as magistrate, we do not doubt that the Appellate Division is the…
2Cases cited4 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Newberry v. CarpenterMichigan Supreme Court · 1895
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by26 opinions
- State v. OwensSupreme Court of Missouri · 1924
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- Ward Baking Co. v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1923
- People v. Williams, New York County Courts1930
- Burke v. Kingsley Books, Inc.New York Supreme Court · 1955
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