People v. Superior Court
New York Supreme Court
Demurrer to return to an alternative mandamus. The justices of the superior court of the city of New-York having ordered a new trial in a cause on the ground of newly discovered testimony, the party who had obtained the verdict applied to this court for a mandamus, directing the court below to vacate the rule granted by them ; an alternative mandamus was awarc]ec] an¿ served, to which a return was made by the court below, in which was set forth the affidavits on which the…
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Demurrer to return to an alternative mandamus. The justices of the superior court of the city of New-York having ordered a new trial in a cause on the ground of newly discovered testimony, the party who had obtained the verdict applied to this court for a mandamus, directing the court below to vacate the rule granted by them ; an alternative mandamus was awarc]ec] an¿ served, to which a return was made by the court below, in which was set forth the affidavits on which the motion for a new trial was made, and also the affidavits read in opposition. The substance of the first set of affidavits…
1Opinion of the Court
By the Court,
Savage, Ch. J.
An alternative mandamus having been heretofore granted in this cause, 5 Wendell, 114, the defendants have made a return. To that return there is a demurrer and joinder. The facts are not varied from what they were when the alternative was granted. The points presented are the same formerly discussed. In the opinion delivered by Mr. Justice Sutherland, the whole case is fully examined, and the cases which are applicable, elaborately reviewed. Several principles are there sustained, both by argument and authority, and I shall accordingly consider as settled, 1. That a…
2Cases cited2 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
3Cited by67 opinions
- Commonwealth v. Small, E., Aplt.Supreme Court of Pennsylvania · 2018
- Halstead v. HortonWest Virginia Supreme Court · 1894
- Wood v. StrotherCalifornia Supreme Court · 1888
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
- Newcomb v. StateMississippi Supreme Court · 1872
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