People v. . Sullivan
New York Court of Appeals
Appeal by the people from a judgment of the General Term of the Supreme Court in the Third Department, of July 3,1888, reversing a judgment entered upon a conviction, of defendant Eugene Sullivan in the Court of Sessions of Montgomery County, March 14, 1888. The facts fully appear in the opinion of the Court of Appeals.
1Opinion of the Court
The opinion of the General Term of the Supreme Court was as follows:
Lando», J.
The Court of Sessions duly and regularly-adjourned on the 12th of March until the 13th. But on the thirteenth it did not convene at all. Section 34 of the Code of Civil Procedure authorizes an adjournment “ from day to day, or to a specified future day.” An adjournment from the 12th to the 13th was an adjournment from day te day. An adjournment from the twelfth to the fourteenth would manifestly be an adjournment “ to a specified future day.” Our attention is called to the thirty-fifth section, but that provides for…
2Cases cited6 opinions
- Wight v. WallbaumIllinois Supreme Court · 1864
- Northrup v. . the PeopleNew York Court of Appeals · 1867
- Moore v. HerronNebraska Supreme Court · 1885
- People v. BradwellNew York Supreme Court · 1824
- Langhorne v. Waller's Ex'orSupreme Court of Virginia · 1882
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3Cited by31 opinions
- People v. . DuffyNew York Court of Appeals · 1914
- Ashford v. McKeeSupreme Court of Alabama · 1913
- People v. McGarryMichigan Supreme Court · 1904
- Ex parte HarlanUnited States Circuit Court for the Northern District of Florida · 1909
- Matter of Reynolds v. CropseyNew York Court of Appeals · 1925
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