State v. Carroll
Supreme Court of Connecticut
Complaint for a libel and breach of the peace, brought to 1he City Court of the city of New Haven. The court found the prisoner guilty, and he appealed to the Superior Court. The caption of the' record of the judgment of the City Court was as follows: “At a City Court held at the city of Now Haven ibis 24th day of August, A. D. 1871, Present, Hon. Wm. W. Morse, justice of the peace, acting judge, holding said court.”
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Complaint for a libel and breach of the peace, brought to 1he City Court of the city of New Haven. The court found the prisoner guilty, and he appealed to the Superior Court. The caption of the' record of the judgment of the City Court was as follows: “At a City Court held at the city of Now Haven ibis 24th day of August, A. D. 1871, Present, Hon. Wm. W. Morse, justice of the peace, acting judge, holding said court.” In the Superior Court the following amendment to the copy •of the record of the City Court was filed and allowed: “ The judge of the City Court of New Haven, H. Lynde Harrison,…
1Opinion of the CourtButler, C. J.
We do not assent to the claim made on behalf of the state, that Mr. Morse, when he rendered the judgment in question, was acting as a justice of the peace with enlarged powers. He was not called in, within the intention of the law, to hold a justice’s court in the City Court room, but to hold the City Court as constituted by law, and as an acting judge of it, and he did hold that court, and that only. The judgment appealed from is the judgment of the City Court, or a nullity. \
*455Nor do wo assent to the other proposition of the attorney for the state, that the motion came too late. If, as is…
2Cases cited10 opinions
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3Cited by277 opinions
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