People Ex Rel. Harlow v. Bancker
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where, on certiorari, proceedings before the recorder of the city of New York, for the discharge of Evert A. Bancker, under the non-imprisonment act of 1831, had been affirmed. *It appeared by the return to the certiorari, that on the 4th October 1843, Bancker presented his petition to Frederick C. Talmadge, recorder of New York, setting forth, that a suit had been commenced against him in a court of…
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Appeal from the general term of the Supreme Court, in the first district, where, on certiorari, proceedings before the recorder of the city of New York, for the discharge of Evert A. Bancker, under the non-imprisonment act of 1831, had been affirmed. *It appeared by the return to the certiorari, that on the 4th October 1843, Bancker presented his petition to Frederick C. Talmadge, recorder of New York, setting forth, that a suit had been commenced against him in a court of record, in which, by the provisions of the act, he could not be arrested or imprisoned, and praying that his property…
1Opinion of the Court
*Mullett, J;
The matters returned to the cer- ; tiorari, and the objections made to those matters, may be divided into three classes. The first class, to include that part of the proceedings necessary to give the recorder power or jurisdiction to hear and determine the application proposed to be submitted to him; the second, to include the decisions of the recorder upon questions of law which arose in the course of the proceedings before him, after he assumed jurisdiction; and the third, the recorder’s final decision on the merits. According to the view which I have taken of the case, it is…
2Cases cited2 opinions
- In re AndriotNew York Court of Common Pleas · 1867
- Spear v. WardellNew York Court of Chancery · 1847
3Cited by3 opinions
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
- Bullymore v. . CooperNew York Court of Appeals · 1871
- In re PattonNew York Court of Common Pleas · 1894