People ex rel. Livingston v. Wyatt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1906, which affirmed an order of Special Term denying a motion for an absolute, and vacating an alternative, writ of prohibition.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1906, which affirmed an order of Special Term denying a motion for an absolute, and vacating an alternative, writ of prohibition. The relator alleged in his petition for the writ that on the 10th of December, 1905, a paper purporting to be a subpoena was served upon him, of which the following is a copy, viz.: „ “ State of New Yobk, ss. : “ In the Name of the People of the State of New York, to Meyer W. Livingston, No. 212 West 42nd Street. “ Having reason to suppose' an…
1Opinion of the CourtVann, J.
The return states that a written information was laid before the magistrate charging, upon information and belief, that certain persons therein named had committed a definite and specific crime. The information itself was not made a part of the return because in the opinion of respondent public policy forbade, but it was expressly stated that the relator himself was not charged with any offense.
If the return was not full enough the i'elator should have moved for a further return’instoad of moving for an absolute writ upon the papers as they were. lie neither traversed the return as made nor…
2Cases cited5 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
- Thomson v. . TracyNew York Court of Appeals · 1875
- People Ex Rel. Adams v. WestbrookNew York Court of Appeals · 1882
3Cited by159 opinions
- La Rocca v. LaneNew York Court of Appeals · 1975
- Dondi v. JonesNew York Court of Appeals · 1976
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
- People v. HicksNew York Court of Appeals · 1975
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