Petrie v. Fitzgerald
New York Court of Common Pleas
Appeal by the defendant from an order made at Special Term, denying a morion to set aside an order of arrest. The defendant was originally arrested on the day of a General Election, Hovember 3, 1868. He moved for his discharge on the ground that he was 'an elector, entitled to vote» and was therefore exempt from arrest on election day.
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Appeal by the defendant from an order made at Special Term, denying a morion to set aside an order of arrest. The defendant was originally arrested on the day of a General Election, Hovember 3, 1868. He moved for his discharge on the ground that he was 'an elector, entitled to vote» and was therefore exempt from arrest on election day. A default having been suffered by the defendant in this motian, the same was opened, on condition that the defendant should appear personally on the day for which the hearing of the motion was set down, and submit to an examination as to the matters set forth…
1Opinion of the Court
By the Court.
Brady, J.
The defendant in this ease was .arrested on the 3rd day of Hovember, 1863, which was a day for a general election. Claiming exemption as an elector, he caused to b.e served a notice of motion for his discharge from arrest and to declare the service of the process upon him invalid. Tiie plaintiff’s counsel being desirous of *403ascertaining from an examination of the defendant whether ho was a citizen, and whether or not there-were any circumstances which rendered it impossible that he could legally exercise his franchise, insisted upon the defendant’s attendance on some day…
2Cases cited6 opinions
- GEYER'S v. IrwinSupreme Court of the United States · 1790
- Stewart v. HowardNew York Supreme Court · 1853
- Peck v. Hozier & MulockNew York Supreme Court · 1817
- Humphrey v. CummingNew York Supreme Court · 1830
- Sperry v. WillardNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Isenring v. PolacheckWisconsin Supreme Court · 1898
- Serring v. StrykerNew York County Court, Steuben County · 1894
- Farmer v. RobbinsNew York Supreme Court · 1872
- Brower v. TatroMichigan Supreme Court · 1897
- Dickinson v. FarwellSupreme Court of New Hampshire · 1902
3 more not listed; retrieve them via the Exa API.