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People v. Hale

The People of the State of New York v. William H. Hale

People v. Hale, 136 A.D. 664 (1910)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 4, 1910
Judges
Hirschberg
Citations
136 A.D. 664121 N.Y.S. 4731910 N.Y. App. Div. LEXIS 107
Headnotes
Appeal —oral order overruling demurrer. .No appeal lies from an oral order overruling a demurrer to an information.
Summary
Appeal by the defendant, William H. Hale, from an oral direction of the Court' of Special Sessions of the second division of the city of Hew York, made on the 20th day of December, 1909, overruling the defendant’s demurrer to an information.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hirschberg

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Hirschberg, P. J.:

The defendant was charged with a violation of the provisions of section 1188 of the amended charter of the city of New York (Laws of 1901, chap. 466), in refusing permission to a sanitary inspector of the department of health to enter and examine the premises of the defendant' as to their sanitary condition. The papers on appeal state that the demurrer was overruled without, written order, and that the appeal is taken from the oral order so overruling the demurrer. Aside from the question of the validity of the act which the defendant is charged with transgressing,- and which is not considered, no authority for the practice adopted by the appellant is known to the court and none is furnished in the brief. The appeal should, therefore, be dismissed, but without costs. . - -

Jeers, Bure, Thomas and Garb, JJ., concurred.

.Appeal dismissed, without costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1910: 11938: 11963: 119102026peak 1910 · 1

Relies on it most ⓘ

  1. People v. Hale122 N.Y.S. 1141 (1910)
  2. People v. Oliver38 Misc. 2d 320 (1963)
  3. People v. Rudnick255 A.D. 813 (1938)

Most recent

  1. People v. Oliver38 Misc. 2d 320 (1963)
  2. People v. Rudnick255 A.D. 813 (1938)
  3. People v. Hale122 N.Y.S. 1141 (1910)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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