Bonnell v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
Appeals by plaintiff, respondent, from orders of tbe Oswego Special Term setting aside a judgment, in favor of tbe appellant against tbe respondent, in eacb of tbe above-entitled actions for costs.
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Appeals by plaintiff, respondent, from orders of tbe Oswego Special Term setting aside a judgment, in favor of tbe appellant against tbe respondent, in eacb of tbe above-entitled actions for costs. Tbe respondent commenced two actions against tbe appellant, July 16, 1814, to recover a penalty for fifty dollars, under tbe act of March 27,1857, and issue was joined therein about August 28,1874. After the commencement of the actions, the respondent was indicted in Oswego county for false pretences, and was tried and convicted and sentenced to the State prison for the term of two years from…
1Opinion of the Court
Smith, J.:
The statute provides that a person sentenced to imprisonment in a State prison for life shall be deemed civilly dead (2 R. S., 701, § 20), and that a sentence of such imprisonment for a term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority or power, during the term of such imprisonment. (Id., § 19.) These provisions undoubtedly deprive a person sentenced .to a State prison, either for life or for a term of years, of all rights as a plaintiff in an action, but they do not free him from all…
2Cases cited3 opinions
- Phelps v. PhelpsNew York Court of Chancery · 1838
- Keeler v. Dusenbury & OgdenThe Superior Court of New York City · 1853
- Davis v. DuffieNew York Court of Appeals · 1867