New York Court of Appeals
The People of the State of New York ex rel. Meyer W. Livingston v. William E. Wyatt, as Justice of the Court of…
November 20, 1906186 N.Y. 383
Summary
The Court affirmed the lower court's denial of an absolute writ of prohibition, holding that the magistrate lacked jurisdiction because the information was not sworn and was insufficient, rendering the subpoena void; the proper remedy is a writ of habeas corpus. The opinion also clarified the requirements for a valid information and the limited scope of prohibition.