People ex rel. Reynolds v. Barnett
New York Supreme Court
This was an appeal from an order of special term superseding a writ of certiorari. In April, 1876, proceedings under the statute relating to bastards were instituted against one Reynolds, before W. H. Barrett, a justice of the peace of the county of Oneida. Upon the return of the warrant, Justice Barrett associated with him Godfrey W. Miller, another justice of the peace of said county.
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This was an appeal from an order of special term superseding a writ of certiorari. In April, 1876, proceedings under the statute relating to bastards were instituted against one Reynolds, before W. H. Barrett, a justice of the peace of the county of Oneida. Upon the return of the warrant, Justice Barrett associated with him Godfrey W. Miller, another justice of the peace of said county. The proceeding was then adjourned from time to time until June 9, 1876. Upon that day, the parties appeared before Justice Barrett, but Justice Miller did not appear. By consent and verbal stipulation of both…
1Opinion of the CourtHardin, J.
The consent and stipulation given before the justices, were a waiver of the relator’s right to have the first justice associated sit. It is competent for a party to waive a statutory or even constitutional *512provision made in Ms favor in civil proceedings. These proceedings .are not criminal (4 Lansing, 208; 5 Denio, 98; 24 How. Pr. 514).
The motion to supersede the writ is granted and the writ set aside, and the proceedings remitted to the court of sessions with ten dollars costs.
The appellant appealed from that order to the general term of the fourth department, where the order of special term…
2Cases cited2 opinions
- Stowell v. OverseersNew York Supreme Court · 1847
- People v. BoardmanNew York Supreme Court · 1863