People ex rel. Newell v. Montgomery Common Pleas
This text of 18 Wend. 341 (People ex rel. Newell v. Montgomery Common Pleas) 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.
Opinion
Motion for mandamus. The common pleas of Montgomery quashed an appeal from a justice’s judgment on the ground that the appeal was allowed by the first judge of the county, when absent from the county, to wit, in Albany. The relator asked for a mandamus to vacate the rule quashing the appeal. The court denied the mandamus, saying the judge had no jurisdiction to allow the appeal; it was a judicial act which could properly be performed only in the county for which he was appointed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
18 Wend. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-newell-v-montgomery-common-pleas-nysupct-1837.