People ex rel. Sprague v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary L. Engelbrecht, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 4th day of September, 1895, directing the issuance of a writ of prohibition restraining the acting surrogate of Richmond county from taking any proceedings or issuing any order removing the relators from their office as administrators of David H. Journeay, deceased.
1Opinion of the Court
Hatch, J.:
This proceeding was begun by the issuance of an alternative writ of prohibition which, upon the hearing at Special Term, was made absolute. The writ operated to restrain the acting surrogate from enforcing the decree providing for the removal of the administrators upon an expande application and the appointment of a particular person in their stead. We have already considered the force and effect of this decree and reached the conclusion that in this respect the same was void. (Matter of Sprague et al., not reported.)
It is well settled that a writ of prohibition will issue to…
2Cases cited1 opinion
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
3Cited by4 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- City of New York v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1936
- Campbell v. DurandUtah Supreme Court · 1911
- People ex rel. Patrick v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1902