Legal Opinion

People ex rel. Eckler v. Clark

New York Supreme Court

Decided January 15, 1881Published

Appeal from an order made at Special Term reversing and setting aside, upon the return to a writ of certiorari, a conviction of tbe relator by a justice of tbe peace for disturbing a religious meeting.

1Opinion of the Court

Taucott, P. J,. :

Tbe writ of oertiorari in this case brings up proceedings against tbe relator under tbe statute providing against “ tbe disturbance of religious meetings.” As tbe statute was originally enacted it provided for tbe punishment of offenders against its provisions by summary conviction before any justice of tbe peace of tbe county, or mayor, alderman or recorder, or other magistrate of any city. In 1834, an act was passed (Laws of 1834, chap. 18) which provided in such cases that, “ before the court shall proceed to investigate tbe merits of tbe cause,” it shall be lawful for tbe…

2Cases cited3 opinions

  1. People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
  2. Dawson v. HoranNew York Supreme Court · 1868
  3. Knight v. CampbellNew York Supreme Court · 1872

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