Legal Opinion

Tweed v. Davis

New York Supreme Court

Decided May 15, 1874Published

Motion by William M. Tweed, for a writ of peremptory mandamus against Noah Davis, one of the justices of the Supreme Court, and who presided at the trial of the indictment of the People against Tweed, requiring him to settle the bill of exceptions taken on said trial, as proposed by the applicant.

1Opinion of the CourtDaniels, J.

The applicant was tried and convicted in the court of oyer and terminer, held in the city of New York, upon an indictment charging him with various misdemeanors committed in an official capacity. Exceptions were taken during the trial to decisions made in the course of it by the learned justice at the time presiding in the court, and these exceptions are intended to be relied upon in support of an application designed to be made for a reversal of the conviction. Dpon such an application objections of a legal character can alone be considered. For that reason the evidence at large is not…

2Cases cited14 opinions

  1. Yates v. LansingNew York Supreme Court · 1810
  2. Freeman v. PeopleNew York Supreme Court · 1847
  3. Weaver v. DevendorfNew York Supreme Court · 1846
  4. Laning v. New York Central RailroadNew York Court of Appeals · 1872
  5. Price v. . PowellNew York Court of Appeals · 1850

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