People ex rel. Wiesenthal v. Dunne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James A. Dunne and another, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 30th day of December, 1920, directing the issuance of an alternative writ of prohibition restraining the said Municipal Court justice from transferring the trial of an action pending in the Municipal Court of the City of New York, borough of Brooklyn, Fourth District, to the borough of…
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Appeal by the defendants, James A. Dunne and another, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 30th day of December, 1920, directing the issuance of an alternative writ of prohibition restraining the said Municipal Court justice from transferring the trial of an action pending in the Municipal Court of the City of New York, borough of Brooklyn, Fourth District, to the borough of Manhattan, Seventh District. Nathan Wiesenthal and David Wiesenthal, the relators, respondents, reside within the fourth…
1Opinion of the Court
Kelly, J.:
I think we are not called upon to decide the controversy between the parties as to the legality or propriety of transferring the trial of the action. There appears to be no warrant for interference by writ of prohibition with the Municipal Court justice. The action was pending in the court in which he was presiding. The court had jurisdiction of the parties and the subject-matter. (People ex rel. Higgins v. McAdam, 84 N. Y. 287, 296.) If the motion to transfer the case should be denied we must assume that the justice will deny it. “ The legal presumption is that every court will…
2Cases cited4 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Wolfe v. . BurkeNew York Court of Appeals · 1874
- People ex rel. Newton v. Special Term, Part 1, of Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1920
- People Ex Rel. Higgins v. McAdamNew York Court of Appeals · 1881
3Cited by1 opinion
- Magner v. SmythNew York Supreme Court · 1932