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In re Smith

265 A.D. 829 Court N.Y. App. Div. Decision date 1942-10-19 English

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Majority

p. 829
In the Matter of Morris C. Smith.

If it were to be permitted to do so, the Supreme Court would be exercising an appellate jurisdiction with which it has not been endowed; and it would, therefore, be assuming to act without or beyond its jurisdiction. Such a threatened act may properly be restrained by an order of prohibition, which furnishes the only efficacious and complete remedy for such an attempted usurpation of power. [See post, p. 868.]