Legal Opinion

People ex rel. United Building Material Co. v. Special Term of the New York Supreme Court

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

Decided June 15, 1911PublishedCited by 2 opinions

Application for an alternative writ of prohibition.

1Opinion of the Court

Jenks, P. J.:

The application for a writ of prohibition is denied, without costs. In People ex rel. Mayor v. Nichols (19 N. Y. 582) the court say: “It is also well settled that where a remedy by appeal, or otherwise, may be had to correct an error of law or practice the writ will not lie. ⅜ ⅜ ⅜ In such a case the inferior court, or the tribunal of limited jurisdiction, can he set right by appeal only. Where, however, the statute has imposed restrictions as to the circumstances under which such f inferior court or judge thereof ’ may act in matters otherwise within its jurisdiction, and these…

2Cases cited9 opinions

  1. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  2. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  3. People Ex Rel. Hummel v. . Trial TermNew York Court of Appeals · 1906
  4. Thomson v. . TracyNew York Court of Appeals · 1875
  5. Alexander v. CrollottSupreme Court of the United States · 1905

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

3Cited by2 opinions

  1. Brewer v. WatsonNew York Supreme Court · 1947
  2. People ex rel. Heminway v. BostlemannNew York Supreme Court · 1913

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