People ex rel. Cole v. Hill

New York Supreme Court

People ex rel. Cole v. Hill

43 N.Y. Sup. Ct. 619

DecidedMay 15, 1885

StatusPublished

This text of 43 N.Y. Sup. Ct. 619 (People ex rel. Cole v. Hill) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Cole v. Hill, 43 N.Y. Sup. Ct. 619 (N.Y. Super. Ct. 1885).

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Opinion

Landon, J.:

This order should be reversed because its effect is to enlarge the terms of the statute which provides for the publication of the appointments of the terms of courts. (Code of Civil Pro., § 3317.) What publication should be given to these appointments is a prudential or administrative matter, and properly comes within the scope of the legislative power and not within the judicial power. No case is here presented involving the inherent power of the court, when -in session, to incur such expense as may be necessary in certain exigencies to maintain its authority, punish offenders and prevent the miscarriage of justice.

Order reversed, with ten dollars costs and printing disbursements.

Learned, P. J., and Bocees, J., concurred.

Order reversed, with costs and printing disbursements.

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Landon, J.:

This order should be reversed because its effect is to enlarge the terms of the statute which provides for the publication of the appointments of the terms of courts. (Code of Civil Pro., § 3317.) What publication should be given to these appointments is a prudential or administrative matter, and properly comes within the scope of the legislative power and not within the judicial power. No case is here presented involving the inherent power of the court, when -in session, to incur such expense as may be necessary in certain exigencies to maintain its authority, punish offenders and prevent the miscarriage of justice.

Order reversed, with ten dollars costs and printing disbursements.

Learned, P. J., and Bocees, J., concurred.

Order reversed, with costs and printing disbursements.

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Bluebook (online)

43 N.Y. Sup. Ct. 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cole-v-hill-nysupct-1885.