Legal Opinion

People ex rel. Arms v. Austin

New York Supreme Court

Decided December 29, 1863Published

THIS was a motion to set aside the writ of prohibition issued in this case, forbidding the mayor’s court of Albany to proceed to hear the argument on a motion, or to set aside the judgment entered in that court upon the report of a referee. The writ was granted by Justice Peckham without a particular examination, on the assumed ground that the mayor’s court had no power to grant such a motion.

1Opinion of the CourtPeckham, J.

The mayor’s court in the city of Albany, established under the city charter, was declared to be a court of common pleas for said city. (3 R. S. 317. City Laws, 273, § 34.) Courts of common pleas had power expressly granted by statute to grant new trials, &c. (2 R. S. 208, § 1.)

That courts of common pleas had power to grant new trials was adjudged in Delancey v. Brownell, (4 John. 136;) also to set aside reports of referees. (Ex parte Bassett, 2 Cowen, *314458.) And see, as to their powers, 3 Caines’ Rep. 38; 5 Cranch, 173; Foot v. Stevens, (17 Wend. 483.)

The only question in the case is,…

2Cases cited7 opinions

  1. Kempe's Lessee v. KennedySupreme Court of the United States · 1809
  2. Foot v. StevensNew York Supreme Court · 1837
  3. Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
  4. People v. DaltonNew York Supreme Court · 1836
  5. Delancey v. BrownellNew York Supreme Court · 1809

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