People ex rel. Taylor v. Yates General Sessions

5 Wend. 110
CourtNew York Supreme Court
DecidedNovember 18, 1830
StatusPublished
Cited by3 cases

This text of 5 Wend. 110 (People ex rel. Taylor v. Yates General Sessions) 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
People ex rel. Taylor v. Yates General Sessions, 5 Wend. 110 (N.Y. Super. Ct. 1830).

Opinion

By the Court,

Savage, Ch. J.

The court of general sessions have no jurisdiction to cause the sentence of the special sessions to be executed until after the conviction has been removed into this court and our judgment has been remitted to the general sessions. 2 R. S. 719, § 54, 55, 56, 57. The court of special sessions have not lost jurisdiction of the matter; a certiorari not having been issued, the proceedings remain before them, and they have authority to cause their judgment to be executed. 2 R. L. 716, § 31. The motion for a mandamus is therefore denied.

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Related

Fults v. . Munro
95 N.E. 23 (New York Court of Appeals, 1911)
In re Leggat
47 A.D. 381 (Appellate Division of the Supreme Court of New York, 1900)
People ex rel. Stetzer v. Rawson
61 Barb. 619 (New York Supreme Court, 1872)

Cite This Page — Counsel Stack

Bluebook (online)
5 Wend. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-taylor-v-yates-general-sessions-nysupct-1830.