Morewood v. . Hollister
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where proceedings in insolvency, had before the first judge of the Oneida county court, on the application of Frederick Hollister, had been affirmed, on certiorari.
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Appeal from the general term of the Supreme Court, in the fifth district, where proceedings in insolvency, had before the first judge of the Oneida county court, on the application of Frederick Hollister, had been affirmed, on certiorari. This was a proceeding in insolvency before P. Sheldon Root, first judge of the Oneida county court, on the application of Frederick Hollister to be discharged from his debts. *It appeared by the return to the cer- ^ tiorari (which included the evidence given on the *- hearing), that on the 30th September 1846, Frederick Hollister, of the city of Utica, and…
1Concurrence
The point of most importance in this case is, whether in cases of summary proceedings, the supreme court, in reviewing them on certiorari, is confined merely to considerations affecting the jurisdiction and the regularity of the proceedings before the inferior magistrate, or whether it is bound to go farther, and examine upon the merits every decision below upon a question of law.
The tendency of legislation towards summary proceedings has been so great for some time past, and the number of such cases has so greatly increased within a few years, that the late supreme court deemed it necessary…
2Cases cited1 opinion
- Brackett v. StateSupreme Court of Vermont · 1802