Thompson v. Murray

Appellate Division of the Supreme Court of New York

Thompson v. Murray

271 A.D.2d 306

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1946

StatusPublished

This text of 271 A.D.2d 306 (Thompson v. Murray) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Murray, 271 A.D.2d 306 (N.Y. Ct. App. 1946).

Pincite

Opinions

Per Curiam.

Respondent, Justice William H. Murray, had jurisdiction to sign the order to show cause but it should have been made returnable at a term of the Supreme Court then sitting in Albany County, the place of venue of the special proceeding, or to a special term thereafter to be convened in Albany County. In making the order returnable before himself at chambers he acted in excess of his jurisdiction. This, however, does not defeat the proceeding. The proceeding may be transferred. (Civ. Prac. Act, § 110.)

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Per Curiam.

Respondent, Justice William H. Murray, had jurisdiction to sign the order to show cause but it should have been made returnable at a term of the Supreme Court then sitting in Albany County, the place of venue of the special proceeding, or to a special term thereafter to be convened in Albany County. In making the order returnable before himself at chambers he acted in excess of his jurisdiction. This, however, does not defeat the proceeding. The proceeding may be transferred. (Civ. Prac. Act, § 110.)

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Bluebook (online)

271 A.D.2d 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-murray-nyappdiv-1946.