Home/New York Court of Appeals/People Ex Rel. Cuvillier v. . Hagarty

People Ex Rel. Cuvillier v. . Hagarty

144 N.E. 917, 238 N.Y. 621, 1924 N.Y. LEXIS 803
CourtNew York Court of Appeals
DecidedJuly 5, 1924
StatusPublished
Cited by8 cases

This text of 144 N.E. 917 (People Ex Rel. Cuvillier v. . Hagarty) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Cuvillier v. . Hagarty, 144 N.E. 917, 238 N.Y. 621, 1924 N.Y. LEXIS 803 (N.Y. 1924).

Opinion

Per Curiam.

Appeal from order dismissed, with costs. The writ of prohibition does not issue as a matter of right but in the sound discretion of the court. (People ex rel, Hummel v. Trial Term, 184 N. Y. 30; People ex rel. Livingston v. Wyatt, 186 N. Y. 383, 393.) “ It being discretionary with the Supreme Court whether to grant or deny the writ, its order refusing to grant it is not appealable to this court ” (People ex rel. Adams v. Westbrook, 89 N. Y. 152, 156), unless as in People ex rel. Hummel v. Trial Term, the order or the opinion of that court shows that the application was denied as a matter of law and not in the exercise of discretion.

Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Appeal dismissed.

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Bluebook (online)
144 N.E. 917, 238 N.Y. 621, 1924 N.Y. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cuvillier-v-hagarty-ny-1924.