Loomis v. People
New York Supreme Court
Writ of Error to the Court of Sessions of Jefferson county. The prisoner was indicted and convicted of conveying and disposing of bis property with intent to defraud bis creditors. The indictment was found in the Oyer and Terminer in Jefferson county, and removed to and tried m the sessions of Jefferson ■county.
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Writ of Error to the Court of Sessions of Jefferson county. The prisoner was indicted and convicted of conveying and disposing of bis property with intent to defraud bis creditors. The indictment was found in the Oyer and Terminer in Jefferson county, and removed to and tried m the sessions of Jefferson ■county. The indictment charged that the prisoner conveyed certain property to Ellen Loomis, “ with intent to binder, delay and ■defraud the creditors of bim, the said Manly Loomis. And that the said Manly Loomis was then and there the owner in fee of the aforesaid described premises, lands…
1Opinion of the Court
Hardin, J.:
At the trial in the Court of Sessions in Jefferson county, after a plea of not guilty, and after the People had commenced giving their evidence, the prisoner objected that no evidence could be given, and moved to quash each count of the indictment upon the following grounds :
(1.) The indictment pui’ports to have been found in the Oyer and Terminer, and there is no caption to the indictment. (2.) Nor does the record of this conrt anywhere show that there was, *603a competent court in session at the time, or who comprised the. court, or that any grand jury was then and there sworn, or…
2Cases cited5 opinions
- People v. JewettNew York Supreme Court · 1829
- The People v. . BennettNew York Court of Appeals · 1867
- Forbes v. WillardNew York Supreme Court · 1868
- People v. HaynesNew York Supreme Court · 1869
- People v. UnderwoodNew York Supreme Court · 1837