In re Sweatman
New York Supreme Court
“ Oneida, ss. Fortune C. White, being duly sworn, says, that the within named Lewis Sweatman is a prisoner in the gaol of said county, on the within mittimus. Sworn, &c. • F. C. White.”(a) The preceding affidavit was indorsed upon the following mittimus : “ Oneida County, ss. To the keeper of the common gaol of the county of Oneida.
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“ Oneida, ss. Fortune C. White, being duly sworn, says, that the within named Lewis Sweatman is a prisoner in the gaol of said county, on the within mittimus. Sworn, &c. • F. C. White.”(a) The preceding affidavit was indorsed upon the following mittimus : “ Oneida County, ss. To the keeper of the common gaol of the county of Oneida. At a Court of Special Sessions, held at the house of Asahel Curtiss, in Paris, in said county, on the 24th July, 1823—Present, Asahel Curtiss, Eliphaz Tyler and Samuel H. Addington, Justices of the Peace— Lewis Sweatman, labourer, being brought before us, by…
1Opinion of the Court
Curia.
It is supposed that the prisoner is entitled to his , . . , discharge, because the judgment of the Justices is so entirely indefinite and uncertain, as to render the whole void. We think differently. The power of this Court of special sessions is derived from the statute; by which it will be perceived that, on conviction, the Justices are authorized toim- . posc a fine or imprisonment, or both. These are distinct punishments. They do not necessarily stand or fall togeth; er. As we read the judgment, Sweatman is unconditionally sentenced to imprisonment for 30 days. This branch of the…
2Cited by13 opinions
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
- In re TaylorSouth Dakota Supreme Court · 1895
- People ex rel. Miresi v. MurphyAppellate Division of the Supreme Court of the State of New York · 1938
- Hendryx v. FitzpatrickU.S. Circuit Court for the District of Massachusetts · 1884
- Wallace v. WhiteSupreme Judicial Court of Maine · 1916
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