Matter of Wittner v. Harnett

New York Court of Appeals

Matter of Wittner v. Harnett

188 N.E. 83, 262 N.Y. 603, 1933 N.Y. LEXIS 1123

New York Court of Appeals·Decided July 11, 1933·Published

Opinion

Order denying the order of mandamus affirmed without examining other questions, on the ground that the relators *Page 604 mistakenly brought the original proceeding in the Appellate Division, which was without jurisdiction to grant such an order. (Civ. Prac. Act, §§ 1317, 1318; Laws of 1880, ch. 178.) No opinion.

Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.

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Order denying the order of mandamus affirmed without examining other questions, on the ground that the relators *Page 604 mistakenly brought the original proceeding in the Appellate Division, which was without jurisdiction to grant such an order. (Civ. Prac. Act, §§ 1317, 1318; Laws of 1880, ch. 178.) No opinion.

Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.

Matter of Wittner v. Harnett, 188 N.E. 83, 262 N.Y. 603, 1933 N.Y. LEXIS 1123 (N.Y. 1933).

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