People ex rel. Israel v. Tibbets

said all the members of the Court had examined the statute and the questions submitted upon it, and were unanimous that the motion must be granted. The remaining Judges were authorized to say, that Sutherland, J. (who had this morning departed for his residence) unhesitatingly concurred in this opinion. The Court had adopted no written opinion; but he would briefly state the views they entertained upon the subject.

The Court had thought it a proper case for an information ; according to an opinion which they had expressed at the present term, upon papers submitted at the last; and the relator…