Order reversed, without costs, and matter remitted to the Special Term for further proceedings.
Memorandum:
In our opinion, the order to show cause was properly granted by the Justice acting out of court. We find no provision in any statute of this State forbidding a Justice of the Supreme Court to grant an order of this character out of court on Sunday. The common law on this question was uncertain (cf. Lord Mansfield's opinion in Swann v. Broome,...
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