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People ex rel. Drake v. Andrews

119 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1909-12-01 English

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p. 1140
PEOPLE ex rel. DRAKE v. ANDREWS, Justice, et al.
(Supreme Court, Appellate Division, Fourth Department.
December 1, 1909,)

Headnote

Proceeding by the People, on the relation of Leonard Drake, against William S. Andrews, as Justice of the Supreme Court, and others.

Order of reversal, entered July 6, 1909 ( 118 N. Y. Supp. 37 ), modified, so as to read as follows: “Order reversed, and relator discharged from custody. Such reversal is solely upon the ground that the acts found by the trial court to have been committed by the relator (in which finding no error was committed), did not constitute criminal contempt of court, and were not punishable as such. See prevailing opinion, by Williams, J., which is made a part of this order and decision.”