Criminal Law · MBE-tested
In the Matter of the Application of Kearn J. Mullen, as Foreman of the Grand Jury for the September, 1940, Term of the County Court, Appellant, for an Order Adjudging John J. Halleran, Respondent, Guilty of Contempt of Court
263 A.D. 957·New York Supreme Court, Appellate Division·1942·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of the Application of Kearn J. Mullen, as Foreman of the Grand Jury for the September, 1940, Term of the County Court, Appellant, for an Order Adjudging John J. Halleran, Respondent, Guilty of Contempt of Court.
[MAJORITY]
Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. The appellant has mistaken his remedy. Under the facts here present an appeal will not lie from an order dismissing a petition to punish for criminal contempt. The remedy is by certiorari. (Matter of Douglas v. Adel, 269 N. Y. 144; People ex rel. Taylor v. Forbes, 143 id. 219.) Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.