Legal Opinion

People v. Brown

New York Supreme Court

Decided January 15, 1840PublishedCited by 12 opinions

Demurrer to declaration. This was an action on a recognizance, entered into by the defendant, on her conviction as a disorderly person. 1 R. S. 638. The pleader stated, that on the 20th July, 1838, a complaint was made to one of the aldermen, of the city of New-York, charging the defendant with being disorderly: that the alderman acting as a justice of the peace, issued his warrant for the apprehension of the defendant, and caused her to be brought before him, for…

Read the full summary

Demurrer to declaration. This was an action on a recognizance, entered into by the defendant, on her conviction as a disorderly person. 1 R. S. 638. The pleader stated, that on the 20th July, 1838, a complaint was made to one of the aldermen, of the city of New-York, charging the defendant with being disorderly: that the alderman acting as a justice of the peace, issued his warrant for the apprehension of the defendant, and caused her to be brought before him, for examination, to wit, on the said twentieth day of July, when he proceeded to examine into the complaint, and that it was made to…

1Opinion of the CourtCowen, J.

By the Court, This is an action of debt upon a recognizance for good behavour, entered into by the defendant, as a disorderly person, pursuant to the 1 R. S. 645, 6, 2d ed. § 1, 2. The defendant demurs to the declaration, and several causes of special demurrer are assigned, which are clearly without foundation. The proceedings preliminary to the recognizance, the recognizance itself, and the breach, are very well pleaded, in point of form and the only serious questions arise upon several causes of general demurrer assigned ore tenus, on the argument. We shall not examine all these, because we…

2Cited by12 opinions

  1. People v. KaneNew York Supreme Court · 1847
  2. People ex rel. Manyx v. WhitsonIllinois Supreme Court · 1874
  3. State v. PettySupreme Court of Arkansas · 1878
  4. United States v. KeiverU.S. Circuit Court for the District of Western Wisconsin · 1893
  5. Board of County Commissioners v. VickersSupreme Court of Kansas · 1900

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API