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Woodruff v. Erie R. Co...

6 Paige, 285

Woodbridge v. First National Bank, 45 App. Div. 166

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93 U. S. 274

227

13 N. Y. 509

618

9 Misc. Rep. 507

535

538

565

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10 N. Y. Supp. 305

503

84 Hun, 236

257

3 Den. 187

623

164 N. Y. 81

692

89 N. Y. 570

74

94 N. Y. 33

409

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Zimmer v. Metropolitan St. R. Co.. 32 Misc. Rep. 262

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United States Revised Statutes, title 30, page 378...

Page.

586

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THE

MISCELLANEOUS REPORTS

OF THE

STATE OF NEW YORK.

COMMENCING JUNE, 1900.

Matter of the Petition of the ATTORNEY-GENERAL for an order directing ROBERT A. SCOTT and OTHERS to appear before a Referee for examination, pursuant to Chapter 690, Laws of 1899. THE PEOPLE ex rel CHARLES W. MORSE, Relator, v. MYER NussBAUM, Referee, and JOHN C. DAVIES, Attorney-General, Defendants.

THE PEOPLE ex rel. THE AMERICAN ICE COMPANY, Relator, v. MYER NUSSBAUM, Referee, and JOHN C. DAVIES, Attorney-General, Defendants.

(Supreme Court, Albany Special Term, June, 1900.)

1. Act to prevent monopolies, L. 1899, ch. 690 - Status of referee appointed to take testimony to assist the Attorney-General in proceeding under the statute.

A referee, appointed under the act to prevent monopolies (L. 1899, ch. 690), upon the application of the Attorney-General in order to enable him to secure testimony in relation to alleged violations of the act, before proceeding in the matter, is charged with the judicial duty of ruling upon the admissibility of testimony given before him, and has, upon the examination, substantially all the powers of the Supreme Court, or of a judge thereof.

2. Same

- Alternative writ of prohibition not issuable against referee - Code C. P., §§ 2092, 2093.

In this view, a Special Term has no power to issue an alternative writ prohibiting such a referee from proceeding, as the effect would be to permit one Special Term to restrain another, or to restrain a

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