(Download) "Matter Joe Kenler v. John M. Murtagh" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Joe Kenler v. John M. Murtagh
- Author : Supreme Court of New York
- Release Date : January 27, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
No findings or questions of fact have been considered. Prohibition is not available to a petitioner whose rights can be adequately protected on appeal (Matter of Brandenburg v. Court of General Sessions, 189 Misc. 4, affd. 272 App. Div. 1013; Matter of Harris Motors v. Klapp, 296 N. Y. 242). The issue of the Magistrates' Courts' jurisdiction over the person of petitioner should be decided, in the first instance, in the Magistrates' Court. (People ex rel. N. Y. Disposal Corp. v. Freschi, 173 App. Div. 189.) Absent unusual circumstances, not here present, prohibition may not be granted merely because the jurisdictional question may not otherwise be reviewed until after a conviction (Matter of Clouse, 121 N. Y. S. 2d 136; Reed v. Littleton, 275 N. Y. 150). The Magistrates' Court should not have been prohibited from determining ""whether a summons has properly been served so as to confer jurisdiction"" because ""the ordinary process of appeal from any judgment rendered might have secured full relief from any error"" (People ex rel. Ballin v. Smith, 184 N. Y. 96, 99, 100). We decide no other question.