Legal Opinion

People ex rel. Barnes v. Court of Sessions

New York Supreme Court

Decided December 4, 1894PublishedCited by 3 opinions

Certiorari by William Barnes and others to review the determination of the court of sessions of Albany county in holding the relators guilty of criminal contempt, and imposing penalties for the alleged contempt. Quashed.

1Opinion of the CourtHerrick, J.

This case comes before us upon a writ of certiorari to review a proceeding to punish the relators for contempt, in having published a false and grossly inaccurate report of the proceedings of the court of sessions of Albany county. The proceeding is one founded upon section 8 of the Code of Civil Procedure. The contempt charged is a criminal contempt. The practice of courts for the punishment of criminal contempt does not seem to be regulated by statute, any further than as prescribed by section 10 of the Code of Civil Procedure, which reads as follows:

“Such a contempt, committed in the…

2Cases cited10 opinions

  1. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  2. People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
  3. Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
  4. Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
  5. Pitt v. . DavisonNew York Court of Appeals · 1867

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. People ex rel. Attorney General v. News-Times Publishing Co.Supreme Court of Colorado · 1906
  2. Grace v. StateMississippi Supreme Court · 1914
  3. Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1913

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