Legal Opinion

People Ex Rel. Dargin v. . Cox

New York Court of Appeals

Decided January 21, 1879PublishedCited by 3 opinions

Appeal from, judgment of tho General Term of the Supreme Court, in the second judicial department, reversing a judgment of Special Term which affirmed a judgment of respondent as police justice of the village of Port Jervis, which was brought up for review by certiorari, and reversing also the judgment last mentioned.

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Appeal from, judgment of tho General Term of the Supreme Court, in the second judicial department, reversing a judgment of Special Term which affirmed a judgment of respondent as police justice of the village of Port Jervis, which was brought up for review by certiorari, and reversing also the judgment last mentioned. (Reported below, 9 Hun, 146.) An action was brought by said village against the relator, William Dargin, before defendant, to recover a penalty imposed by an ordinance of the trustees of said village. The relator demanded a trial by jury, which was denied. The appellant had…

1Opinion of the Court

Church, Ch. J.

This was an action for the violation of an ordinance of the village of Port Jervis, and the only question presented is whether the relator was entitled to demand and have a jury as on trials before a justice of the peace. The question depends upon the construction of the following provision in the charter.

“ § 40. The police justice shall, in said village, possess all the jurisdiction, powers and authority, be subject to the same requirements, duties and Habilites within said village in all respects as arc or may be by law vested in or required of the justices of the peace, hi…

2Cited by3 opinions

  1. City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
  2. City of Buffalo v. Empire State News Corp.New York Supreme Court · 1958
  3. Village of Port Jervis v. Barrett Bridge Co.New York Supreme Court · 1887

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