People v. Orser

New York Supreme Court

People v. Orser

12 How. Pr. 550

DecidedDecember 20, 1855

StatusPublished

This text of 12 How. Pr. 550 (People v. Orser) 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 v. Orser, 12 How. Pr. 550 (N.Y. Super. Ct. 1855).

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Opinion

Dean, Justice.

The prisoner, John B. Overton, is imprisoned by virtue of a commitment by the court of common pleas of New-York, for an alleged contempt. The cause of the commitment is plainly charged, and set out in the commitment.

The proof taken before me shows that the question on which the want of jurisdiction in the court of common pleas is charged, was raised in that court, and decided at general term.

It will not do for an officer acting at chambers, collaterally, to review the decisions of courts of competent jurisdiction.

The prisoner must be remanded.

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Dean, Justice.

The prisoner, John B. Overton, is imprisoned by virtue of a commitment by the court of common pleas of New-York, for an alleged contempt. The cause of the commitment is plainly charged, and set out in the commitment.

The proof taken before me shows that the question on which the want of jurisdiction in the court of common pleas is charged, was raised in that court, and decided at general term.

It will not do for an officer acting at chambers, collaterally, to review the decisions of courts of competent jurisdiction.

The prisoner must be remanded.

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Bluebook (online)

12 How. Pr. 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-orser-nysupct-1855.