Corbett v. Gibson

New York Supreme Court

Corbett v. Gibson

23 N.Y. Sup. Ct. 241

DecidedDecember 15, 1878

StatusPublished

This text of 23 N.Y. Sup. Ct. 241 (Corbett v. Gibson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corbett v. Gibson, 23 N.Y. Sup. Ct. 241 (N.Y. Super. Ct. 1878).

Pincite

Opinion

Dykman, J.:

This is an appeal from an order denying a motion to vacate an order for the examination of the defendant before trial.

The order for the examination was made by the county judge of Richmond county, and then an application was made to a judge of the Supreme Court at Special Term to vacate the order. This application was denied, for the reason that the county judge, for the purposes of the order and examination, possessed co-ordinate powers with the justices of the Supreme Court. This refusal was on good grounds, and the order must be affirmed.

The order appealed from must be affirmed, without costs and disbursements.

Present — Barnard, P. J., and Dykman, J. Gilbert, J., not sitting.

Order affirmed, without costs.

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Dykman, J.:

This is an appeal from an order denying a motion to vacate an order for the examination of the defendant before trial.

The order for the examination was made by the county judge of Richmond county, and then an application was made to a judge of the Supreme Court at Special Term to vacate the order. This application was denied, for the reason that the county judge, for the purposes of the order and examination, possessed co-ordinate powers with the justices of the Supreme Court. This refusal was on good grounds, and the order must be affirmed.

The order appealed from must be affirmed, without costs and disbursements.

Present — Barnard, P. J., and Dykman, J. Gilbert, J., not sitting.

Order affirmed, without costs.

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Bluebook (online)

23 N.Y. Sup. Ct. 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbett-v-gibson-nysupct-1878.