McCarg v. Burr
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John W. Burr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 4th day of June, 1903, upon the verdict of a jury for $175, and also from an order entered in said'clerk’s office on the 16th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes. The defendant was, in 1901, a justice of the peace of the city of Gloversville.
Read the full summary
Appeal by the defendant, John W. Burr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 4th day of June, 1903, upon the verdict of a jury for $175, and also from an order entered in said'clerk’s office on the 16th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes. The defendant was, in 1901, a justice of the peace of the city of Gloversville. Upon the 29th day of July,’1901, he issued a warrant for the arrest of the plaintiff herein upon an information and deposition charging…
1Opinion of the Court
Smith, J.:
The charter of the city of Gloversville (Laws of 1899, chap. 275, § 10) provides for the election of two justices of the peace, and by section 35 of that act it is provided that “ the justices of the peace of the-city of Gloversville shall have the same power, duties and jurisdiction, the same fees and compensations, and be subject to the same *277liabilities as if the city of Gloversville were a town in the county of Fulton, and they were justices of the peace thereof; except that they shall have no jurisdiction in any criminal action or proceeding or special proceeding of a criminal…
2Cases cited5 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- Hoose v. SherrillNew York Supreme Court · 1836
- Blythe v. TompkinsNew York Supreme Court · 1856
- Reynolds v. OrvisNew York Supreme Court · 1827
3Cited by3 opinions
- People ex rel. Hall v. Munson, New York County Courts1913
- People v. FederNew York Court of Special Session · 1953
- Woodard v. TouchetteAppellate Division of the Supreme Court of the State of New York · 1953