People Ex Rel. Woodbury v. . Hendrick
New York Court of Appeals
Appeal from an order of the Appellate Division of the ■Supreme Court in the first judicial department, entered May-17, 1915, which dismissed an application for a writ of prohibition directed especially to the defendant Hendrick commanding him to refrain from impaneling a jury in habeas corpus proceedings returnable before him at Special Term. The facts, so far as material, are stated in the opinion. The writ of prohibition lies.
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Appeal from an order of the Appellate Division of the ■Supreme Court in the first judicial department, entered May-17, 1915, which dismissed an application for a writ of prohibition directed especially to the defendant Hendrick commanding him to refrain from impaneling a jury in habeas corpus proceedings returnable before him at Special Term. The facts, so far as material, are stated in the opinion. The writ of prohibition lies. It is the only remedy or at least the only adequate remedy. (People ex rel. Livingston v. Wyatt, 186 N. Y. 383; People ex rel. Hummel v. Trial Term, 184 N. Y. 30;…
1Opinion of the Court
Hiscocic, J.:
This proceeding was instituted for the purpose of prohibiting the defendant, Peter A. Hendrick, a justice of the Supreme Court, from seeking in habeas corpus proceedings pending before him at Special Term the aid of a jury in determining the question of the defendant Thaw’s sanity.
The appeal presents for the consideration of the court another chapter in the long history of the attempts of the defendant Thaw to regain the freedom of which he was deprived as the result of his alleged murder of Stanford White in 1906. It is unnecessary to review all of these, and reference will only…
2Cases cited10 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Minnesota v. BrundageSupreme Court of the United States · 1901
- People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
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3Cited by21 opinions
- People Ex Rel. Childs v. Extraordinary Trial Term of the Supreme CourtNew York Court of Appeals · 1920
- People ex rel. Robertson v. New York State DivisionNew York Court of Appeals · 1986
- Jennings v. C. M. & W. Drilling Co.Wyoming Supreme Court · 1957
- McCabe v. County CourtNew York Supreme Court · 1960
- Brandenburg v. Court of General Sessions of New York CountyNew York Supreme Court · 1947
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