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Mellon v. Geoghan

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1933
240 App. Div. 841 (N.Y. App. Div. 1933)

Summary

In Mellon v. Geoghan (supra), on authority of the Reilly case (supra), the Supreme Court denied a stay sought for violation of an alleged stipulation made in the criminal proceedings and relegated the defendant to the assertion of his claims in the criminal forum.

Summary of this case from Matter of Brandenburg v. Court of Gen. Sessions

Opinion

October, 1933.

Present — Lazansky, P.J., Young, Hagarty, Tompkins and Davis, JJ.


Motion for stay denied. Equity will not restrain a criminal prosecution save in rare instances, of which this is not one. ( Truax v. Raich, 239 U.S. 33; Buffalo Gravel Corporation v. Moore, 201 App. Div. 242; affd., 235 N.Y. 542.) At the opening of the trial of the indictments which plaintiffs assert are stayed, they may present their claims respecting the alleged stipulation, the alleged order and the effect thereof, and the trial court should make a determination thereon. ( People v. Reilly, 224 N.Y. 90.)


Summaries of

Mellon v. Geoghan

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1933
240 App. Div. 841 (N.Y. App. Div. 1933)

In Mellon v. Geoghan (supra), on authority of the Reilly case (supra), the Supreme Court denied a stay sought for violation of an alleged stipulation made in the criminal proceedings and relegated the defendant to the assertion of his claims in the criminal forum.

Summary of this case from Matter of Brandenburg v. Court of Gen. Sessions
Case details for

Mellon v. Geoghan

Case Details

Full title:JACOB MELLON and Others, Appellants, v. WILLIAM F.X. GEOGHAN, Individually…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1933

Citations

240 App. Div. 841 (N.Y. App. Div. 1933)

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