Legal Opinion

People v. Carroll

New York Supreme Court

Decided December 15, 1855PublishedCited by 2 opinions

This cause came up on certiorari to a court of special sessions. The writ was allowed on affidavit, and was in the words following: The People of the State of New-York to Alexander Frink, Esq., a justice of the peace of the county of LL" S’-* Albany, Greeting: We, having been informed that James Carroll of said county was lately, in a Court of Special Sessions of the Peace, held before you, convicted of disorderly conduct in abandoning his wife; and being willing, for…

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This cause came up on certiorari to a court of special sessions. The writ was allowed on affidavit, and was in the words following: The People of the State of New-York to Alexander Frink, Esq., a justice of the peace of the county of LL" S’-* Albany, Greeting: We, having been informed that James Carroll of said county was lately, in a Court of Special Sessions of the Peace, held before you, convicted of disorderly conduct in abandoning his wife; and being willing, for certain causes, to be certified of the said conviction, and of the complaint, proceedings and judgment against the said James…

1Opinion of the Court

By the Court, Parker, J.

This case abounds in error. The complaint charged against the defendant no crime or misdemeanor which courts of special sessions are authorized to try. (2 R. S., 711.) It was only, at most, a complaint against him ás a disorderly person, and, if enough was set forth, it was the foundation for a summary proceeding under 1 Revised Statutes, 819. If, on the return of the warrant, it had appeared by the confession of the defendant, or by competent testimony, that the defendant was a disorderly person, as charged, the justice might have required sufficient sureties for his…

2Cases cited1 opinion

  1. People v. CarpenterNew York Supreme Court · 1850

3Cited by2 opinions

  1. Morgan v. HalberstadtCourt of Appeals for the Second Circuit · 1894
  2. Dorendinger v. TschechtelinNew York Court of Common Pleas · 1883

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