Legal Opinion

In re Reynolds

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1925Published

1Opinion of the Court

Motion for order of prohibition denied. Section 7 of the Judiciary Law is not mandatory and does not constitute a limitation upon the power of the court to continue a term. (People v. Sullivan, 115 N. Y. 185, 190.) The minutes of the court show that a recess was taken on December *68426, 1924, but this did not end the term. (People ex rel. Whitman v. Woodward, 150 App. Div. 180), and it may be deemed as continued. (People ex rel. Sherman v. Adjourned Special Term of Orange County, 206 App. Div. 799, decided by this court August 13, 1923; Saranac Land & Timber Co. v. Roberts, 227 N. Y. 188, 194.)…

2Cases cited5 opinions

  1. Cooke v. United StatesSupreme Court of the United States · 1925
  2. People v. . SullivanNew York Court of Appeals · 1889
  3. Saranac Land Timber Co. v. . RobertsNew York Court of Appeals · 1919
  4. People ex rel. Sherman v. Adjourned Special Term of Orange CountyAppellate Division of the Supreme Court of the State of New York · 1923
  5. People ex rel. Whitman v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1912

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