People v. Cooper
New York Supreme Court
Error from the general sessions of Oneida. The defendant was indicted for an assault and battery. The indictment contained three counts: the two first, substantially alike, charged a common assault and battery committed on the body of one Thomas Hull; and the third count charged the assault and battery to have been committed upon Hull, then and there beingoneof theconstables of the county of Oneida, and in the due execution ofthe duties ofh is office.
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Error from the general sessions of Oneida. The defendant was indicted for an assault and battery. The indictment contained three counts: the two first, substantially alike, charged a common assault and battery committed on the body of one Thomas Hull; and the third count charged the assault and battery to have been committed upon Hull, then and there beingoneof theconstables of the county of Oneida, and in the due execution ofthe duties ofh is office. On the trial ofthe indictment, an attachment, authorized to he issued by a justice ofthe peace against the goods and chattels of a party about…
1Opinion of the Court
By the court,
Sutherland, J.
The court decided correctly in admitting the attachment in evidence, without proof of the preliminary proceedings necessary to render it regular. The magistrate by whom it was issued had general jurisdiction to issue attachments, and the process was regular and unexceptionable upon its face. The officer was not bound to inquire whether the requisite evidence had been exhibited to the justice to authorize the issuing of the attachment, in this particular case. It was decided in Savacool v. Boughton, 5 Wendell, 170, that if the subject matter of a suit is within the…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by4 opinions
- Wilson v. SawyerSupreme Court of Alabama · 1861
- Frazer v. PeopleNew York Supreme Court · 1863
- State v. WeedSuperior Court of New Hampshire · 1850
- People v. HallNew York Supreme Court · 1884