People ex rel. Hadsell v. Tompkins — 134 N.Y.S. 1142

Majority

p. 1142

PEOPLE ex rel. HADSELL, Respondent, v. TOMPKINS, Sheriff, Appellant.

(Supreme Court, Appellate Division, Third Department.

March 26, 1912.)

Proceeding by the People of the State of New York, on the relation of Jerome B. Hadsell, against Maurice Tompkins, as Sheriff of Broome County.

Order affirmed, with costs.

SMITH, P. J., concurs, upon the authority of People ex rel. Livingston v. Wyatt, 186 N. Y. 383 , 79 N. E. 330 , 10 L. R. A. (N. S.) 159 , 9 Ann. Cas. 972.

HOUGHTON, J., concurs, on the ground that the witness was privileged from answering the questions, because they might tend to incriminate him.

KELLOGG, J., votes for reversal.

LYON, J-., not sitting.