People Ex Rel. Underwood v. . Daniell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming and sustaining the proceedings of a court-martial of the 13 th regiment of the-National Guard of the State of New York, of which defendant was president, which were brought up for review by certiorari.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming and sustaining the proceedings of a court-martial of the 13 th regiment of the-National Guard of the State of New York, of which defendant was president, which were brought up for review by certiorari. (Reported below, 6 Lans., 44.) On the 3d day of January, 1871, a regimental court-martial was appointed by special order for the trial of delinquencies, etc., in said regiment. Defendant was detailed for said court. He took the prescribed oath, and opened said court at regimental…
1Opinion of the CourtPeckham, J.
Appeal from the judgment of the General Term in the second department of the Supreme Court, affirming the proceedings of the court-martial, of which the defendant was president. The court-martial tried the relator for not attending certain parades or drills—some five of them —and sentenced him to pay a fine of eighteen dollars in all, as provided by the statute. (1 Sess. L. of 1870, p. 270, § 207.)
The relator, upon being personally summoned, appeared before that court, denied its jurisdiction upon the ground that the act of 1870 under which it was organized was unconstitutional, demanded a…
2Cases cited3 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re SmithNew York Supreme Court · 1833
3Cited by8 opinions
- Consider Parish v. New York Produce ExchangeNew York Court of Appeals · 1901
- People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
- People Ex Rel. Garling v. . Van AllenNew York Court of Appeals · 1873
- State ex rel. Madigan v. WagenerSupreme Court of Minnesota · 1898
- People ex rel. Garling v. Van AllenNew York Court of Appeals · 1873
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