Legal Opinion

People v. Hall

New York Supreme Court

Decided October 15, 1883Published

Writ of error to Court of Sessions of Orleans county to ■review a judgment of 15th March, 1882, convicting defendant Bansom Hall of the offense of resisting an officer in the execution of process. The offense was committed 22d April, 1881, and the indictment found 8th June, 1881. The facts fully appear in the opinions.

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Writ of error to Court of Sessions of Orleans county to ■review a judgment of 15th March, 1882, convicting defendant Bansom Hall of the offense of resisting an officer in the execution of process. The offense was committed 22d April, 1881, and the indictment found 8th June, 1881. The facts fully appear in the opinions. I. The section of the statute under which the defendant was indicted is see. 17 of Laws of 1845, chap.. 69, vol. 1, page 793, Banks & Bros., 7th ed. of B. S,, and which reads as follows : “ Every person who shall resist or enter into a combination with any person or persons to…

1Opinion of the CourtSmith, P. J.

An execution upon a justice’s judgment against Charles Hall having been issued to one Ayers, a constable, that officer levied upon a quantity of beans in the barn of the plaintiff in error, the father of Charles Hall, which the constable had been informed and believed, were the property of the debtor, who lived with his father on the premises. As the constable was about to remove the beans from the barn, the plaintiff in error told him the beans were his, and did not belong to Charles, and he bade the constable not to levy on them or remove them from the premises. The constable said he would…

2Cases cited7 opinions

  1. People v. GatesNew York Supreme Court · 1835
  2. State v. DownerSupreme Court of Vermont · 1836
  3. Foster v. PettiboneNew York Supreme Court · 1855
  4. Priest v. CummingsNew York Supreme Court · 1837
  5. Merritt v. MillerSupreme Court of Vermont · 1841

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