People Ex Rel. Hon Yost v. . Becker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1911, which affirmed an order of Special Term dismissing a writ of certiorari directing the defendant to certify to the court the cause of the imprisonment of the relator. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 27, 1911, which affirmed an order of Special Term dismissing a writ of certiorari directing the defendant to certify to the court the cause of the imprisonment of the relator. The facts, so far as material, are stated in the opinion. The area or territory of Sylvan Beach was incorporated and now exists in violation of the Constitution of the state of New York and the office of police justice created thereunder is a nullity and Thomas P. Bryant had no right or jurisdiction to…
1Opinion of the CourtCollin, J.
In July, 1910, the relator was imprisoned in the jail of Oneida county under a commitment issued by “Thomas P. Bryant, Police Justice of the Area or Territory of Sylvan Beach, JST. Y., ” as a Court of Special Sessions of the town of Vienna, Oneida county. 'The respondent, by his return to the writ and arguments, contends that the commitment defends the imprisonment. The relator argues that the area or territory of Sylvan Beach was incorporated as a village in violation of the section of the Constitution of the state which prohibits the legislature from passing private or local bills…
2Cases cited6 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Briggs v. Greenville CountySupreme Court of South Carolina · 1926
- Harris v. William R. Compton Bond & Mortgage Co.Supreme Court of Missouri · 1912
- People Ex Rel. Town of Pelham v. Village of PelhamNew York Court of Appeals · 1915
- Kenwell v. LeeNew York Court of Appeals · 1933
- New York Charter Schools Ass'n v. DiNapoliNew York Supreme Court · 2008
3 more not listed; retrieve them via the Exa API.