People v. Sullivan
New York Supreme Court
Appeal from court of sessions,. Montgomery county. Eugene Sullivan, defendant, was indicted for the crime of willfully discharging a loaded fire-arm at a railway train and car moving upon a railway.
Read the full summary
Appeal from court of sessions,. Montgomery county. Eugene Sullivan, defendant, was indicted for the crime of willfully discharging a loaded fire-arm at a railway train and car moving upon a railway. He was brought to trial before a jury at the Montgomery county court of sessions, duly held by the county judge and two justices for sessions of that county at the court-house in Fonda, on the 12th day of March, 1888. The trial proceeded, but was not concluded on that day, when an adjournment was duly ordered and taken until the next morning, March 13, 1888, at 9 o’clock in the forenoon. But,…
1Opinion of the CourtLandon, J.
The court of sessions duly and regularly adjourned on the 12th of March until the 13th. But on the 13th it did not convene at all. Section 34 of the Code of Procedure authorizes an adjournment “from day to day, or to a specified future day.” An adjournment from the 12th to the 13th was an adjournment from day to day. An adjournment from the 12th to the 14th would manifestly be an adjournment “to a specified future day.” Our attention is called to the thirty-fifth section, but that provides for opening the term, and for an adjournment if the judge authorized to hold the term does not come to…
2Cases cited6 opinions
- Wight v. WallbaumIllinois Supreme Court · 1864
- Northrup v. . the PeopleNew York Court of Appeals · 1867
- Moore v. HerronNebraska Supreme Court · 1885
- People v. BradwellNew York Supreme Court · 1824
- Langhorne v. Waller's Ex'orSupreme Court of Virginia · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Loesnitz v. SeelingerIndiana Supreme Court · 1890
- People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1919