Converse v. McArthur
New York Supreme Court
This was a motion for a new trial, upon a bill of exceptions. The suit was to recover the amount required by an order of the court off sessions of the county of St. Lawrence to be paid weekly, by the defendant, for the support of -his mother; and was tried at the St. Lawrence circuit, before Justice Cady.
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This was a motion for a new trial, upon a bill of exceptions. The suit was to recover the amount required by an order of the court off sessions of the county of St. Lawrence to be paid weekly, by the defendant, for the support of -his mother; and was tried at the St. Lawrence circuit, before Justice Cady. On the 6th of September, 1848, an application in writing, upon due service of' a copy of the same and notice on the defendant, was made to that court for an order that the defendant support his mother. The application and notice were signed by all the superintendents of the poor, of whom J.…
1Opinion of the Court
By the Court, Hand, P. J.
I am inclined to the opinion, that the order of the sessions was void on its face. The court was composed of the county judge and two justices; all of whom were necessary to constitute a court of sessions. (Const. art. 6, § 14; Jud. Act, § 40. Am. Jud. Act, § 35.) And the record shows, that one of them was both party and judge, which the law does not allow. (2 R. S. 275, § 2. Foxham v. Tithing, 2 Salk. 607. Great Charte v. Remington, 2 Str. 1173. 1 Salk. 396, 7, 8. Reg. v. Chelt. Com’rs, 1 Q. B. Rep. 466. 3 Bl. 298. And see Oakley v. Aspinwall, 3 Comst. 547, and cases…
2Cases cited3 opinions
- Striker v. MottNew York Supreme Court · 1831
- Edwards v. RussellNew York Supreme Court · 1839
- In re LeefeNew York Court of Chancery · 1846
3Cited by14 opinions
- Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Matter of BinghamNew York Court of Appeals · 1891
- People ex rel. Pond v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- Abrams v. StateCourt of Criminal Appeals of Texas · 1893
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