People ex rel. Ingersoll v. Garey
New York Supreme Court
On demurrer to the replication. On information in na-*ure a 9M0 warranto, against Garey, calling upon him *° s^ew ^7 what warrant he acted as a justice of the peace of the county of Orleans, he pleaded the statute to erect a new county from part of the county of Genesee, by the name Orleans; passed November 12th, 1834, (sess.4 7, ch. 266,) providing that all that part of the county of Gen-esee comprising the towns of Gaines, Barre, Murray, Clarendon, Ridgeway, Yates, and Oak…
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On demurrer to the replication. On information in na-*ure a 9M0 warranto, against Garey, calling upon him *° s^ew ^7 what warrant he acted as a justice of the peace of the county of Orleans, he pleaded the statute to erect a new county from part of the county of Genesee, by the name Orleans; passed November 12th, 1834, (sess.4 7, ch. 266,) providing that all that part of the county of Gen-esee comprising the towns of Gaines, Barre, Murray, Clarendon, Ridgeway, Yates, and Oak Orchard, in the county of Genesee, should, from and after the 1st day of January, 1826, be a separate and distinct…
1Opinion of the Court
Curia, per
Sutherland, J.
It is contended, by the counsel for the defendant, 1. That by the separation of the town of Shelby from the county of Cenesee, and its annexation to the county of Orleans, the duties and powers of the justices of the peace of that town ceased; and could not be exercised out of the county, in and for which they were appointed ; and 2. Admitting that the old justices still retained their powers, that the appointment of the defendant was valid, the legislature having power to increase the number of justices in any town or county.
The power of the legislature to increase…
2Cited by9 opinions
- Conner v. MayorThe Superior Court of New York City · 1849
- Clark v. HornthalMississippi Supreme Court · 1872
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1872
- Eisenberg v. Lape, New York County Courts1907
- Gratopp v. Van EpsMichigan Supreme Court · 1897
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