Legal Opinion
People v. Monaco
New York Supreme Court
Decided April 15, 1907PublishedCited by 3 opinions
Motion for a peremptory writ of mandamus to the sheriff of Jefferson county.
1Opinion of the CourtRogers, J.
The defendant has been arrested by virtue of an execution against the person, issued on a judgment recovered for violating the Forest, Fish and Game Law (Laws 1900, chap. 20) in shooting certain song birds; and he asks to be admitted to the liberties of the jail, claiming to have given the requisite undertaking entitling him to be so relieved.
The People urge that, under section 189 of the statute referred to, he must remain within the confines of the jail walls one day for each dollar of the judgment.
The Code of Civil Procedure provides: “A person in the custody of a sheriff, by virtue of an…
2Cases cited6 opinions
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- People v. . RosenbergNew York Court of Appeals · 1893
- Wallace v. . SwintonNew York Court of Appeals · 1876
- People ex rel. Strough v. Board of County CanvassersNew York Supreme Court · 1894
- People ex rel. Brown v. HoesenNew York County Court, Cortland County · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re LockeAppellate Division of the Supreme Court of the State of New York · 1916
- Slaughter v. StateWyoming Supreme Court · 1981
- Slaughter v. StateWyoming Supreme Court · 1981