Legal Opinion

Waters v. Langdon

New York Supreme Court

Decided April 7, 1863PublishedCited by 15 opinions

APPEAL from a judgment of the county court of Oneida county affirming a judgment of the police justice of the village of Whitesborough. The cause was tried before the police justice of the village of Whitesborough, an officer created by an act passed February 12th, 1859, entitled “An act to revise, amend and consolidate the several acts relating to the village of Whitesborough.”

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APPEAL from a judgment of the county court of Oneida county affirming a judgment of the police justice of the village of Whitesborough. The cause was tried before the police justice of the village of Whitesborough, an officer created by an act passed February 12th, 1859, entitled “An act to revise, amend and consolidate the several acts relating to the village of Whitesborough.” (Laws of 1859, p. 13.) The only sections bearing upon the subject are as follows: Title 2d, § 2. “There shall be elected hereafter by ballot, within and for said village, by the electors residing therein, the…

1Opinion of the Court

By the Court, Morgan, J.

This action was tried before a police justice of the village of Whitesborough. It is objected that the act creating this officer and defining his powers and jurisdiction is unconstitutional. (Chap. 10, §§ 2, 3, 43, 44, Laws of 1859.) That act, (§ 43,) declares that “ the police justice shall have_ the same powers and jurisdiction, and be subject to the same duties and liabilities as justices of the peace in the town of Whitestown, and his judgments and proceedings may be reviewed in the same manner as is or may be provided in cases of judgments and proceedings of…

2Cases cited2 opinions

  1. Sill v. . the Village of CorningNew York Court of Appeals · 1857
  2. Brandon v. . AveryNew York Court of Appeals · 1860

3Cited by15 opinions

  1. Geraty v. . ReidNew York Court of Appeals · 1879
  2. People v. UpsonNew York Supreme Court · 1894
  3. Rockwell v. RaymondYonkers City Court · 1889
  4. Dawson v. HoranNew York Supreme Court · 1868
  5. People ex rel. Burby v. HowlandAppellate Division of the Supreme Court of the State of New York · 1897

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