Powers of County Judges
New York Supreme Court
The Defendant was committed to the custody of the sheriff of Washington county, by virtue of a warrant of commitment issued by a justice of the peace of that county, on the 28th of July last, on the charge of -uttering as true a counterfeit two dollar bill, purporting to be issued by the Bank of Burlington. An application was made to Willard, Justice^ at his office in Saratoga Springs, for an allowance of a writ of habeas corpus, with a view to letting the prisoner to bail.
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The Defendant was committed to the custody of the sheriff of Washington county, by virtue of a warrant of commitment issued by a justice of the peace of that county, on the 28th of July last, on the charge of -uttering as true a counterfeit two dollar bill, purporting to be issued by the Bank of Burlington. An application was made to Willard, Justice^ at his office in Saratoga Springs, for an allowance of a writ of habeas corpus, with a view to letting the prisoner to bail. It being more convenient that the prisoner should be brought before an officer in the county of Washington, where he was…
1Opinion of the Court
Willard, Justice.
A question has been raised whether a county judge of the degree of counsellor at law in the supreme court, can by virtue of the judiciary act of May 12, 1847, or otherwise, execute, at chambers, the power and duties which before the new constitution were executed, at chambers, by county judges of the degree of counsellor at law in the supreme court.
It is not pretended by any one, that the judiciary act, in terms, confers the power in question; but it is confidently believed that it is granted by necessary implication.
The solution of the question involves an inquiry as to what…
2Cited by2 opinions
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- People ex rel. Trainer v. CooperNew York Supreme Court · 1853