The People Ex Rel. Sinkler v. . Terry
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, rendered September 17, 1886, which affirmed an order of Special Term, adjudging an order of commitment signed by Henry E. Seaver, as justice of the peace of the village of Canton, under which order the relator was imprisoned in the Onondaga County Penitentiary, to be void, and directing that said relator be discharged.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, rendered September 17, 1886, which affirmed an order of Special Term, adjudging an order of commitment signed by Henry E. Seaver, as justice of the peace of the village of Canton, under which order the relator was imprisoned in the Onondaga County Penitentiary, to be void, and directing that said relator be discharged. (Eeported below, 42 Hun, 273.) These proceedings were by habeas corpus to inquire into the cause of such imprisonment. It appeared that the relator was arrested and brought before said…
1Opinion of the CourtPeckham, J.
The relator claims that the section of the act providing for the election of a judicial officer in the village of Canton is unconstitutional, because (1), the section does not confine the jurisdiction of the officer to the village of Canton, and (2), if it did so confine it there is no power in the legislature to provide for the election of a justice of the peace in villages.
(1.) As to the first ground:
The village of Canton was originally incorporated by chapter 192, of the Laws of 1845. In 1859 the charter was » amended by the passage of chapter 70 of the laws of that year. The second…
2Cases cited5 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- The People v. . RaymondNew York Court of Appeals · 1868
- Sill v. . the Village of CorningNew York Court of Appeals · 1857
- Geraty v. . ReidNew York Court of Appeals · 1879
- Brandon v. . AveryNew York Court of Appeals · 1860
3Cited by47 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- Erie Railroad v. PurdySupreme Court of the United States · 1902
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