President of Waterford v. People
New York Supreme Court
This was a writ of error to the court of oyer and terminer for the county of Saratoga. From the return to the writ, it appeared that the plaintiffs in error were indicted, at the Saratoga sessions in January, 1848, for a nuisance in not keeping their road in necessary repair.
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This was a writ of error to the court of oyer and terminer for the county of Saratoga. From the return to the writ, it appeared that the plaintiffs in error were indicted, at the Saratoga sessions in January, 1848, for a nuisance in not keeping their road in necessary repair. The indictment was removed into the court of oyer and terminer, and was tried in that court, on not guilty pleaded, before Willard, J. in February, 1849, when the defendants were found guilty, and sentenced to pay a fine of $100. A bill of exceptions was taken to sundry rulings of the court, and was returned to the writ…
1Opinion of the Court
By the Court, Willard, J.
The first exception arises on the decision of the court in allowing to the public prosecutor a peremptory challenge to one of the jurors. The challenge was claimed by the district attorney under 2 R. S. 734, § 11, in connection with the first section of the act of 1847. (Laws of 1847, p. 130.) To determine whether the court of oyer and, terminer gave a correct construction to the above mentioned statutes, it will be necessary to examine how this question stood at common law.
/■ It is laid down in all the elementary treatises, that prior to . the 33d Edw. 1, stat. 4,…
2Cases cited7 opinions
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Almy v. HarrisNew York Supreme Court · 1809
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Swain v. AlabamaSupreme Court of the United States · 1965
- White v. BaileyWest Virginia Supreme Court · 1909
- Mathis v. StateSupreme Court of Florida · 1893
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
21 more not listed; retrieve them via the Exa API.