People v. Northrup
New York Supreme Court
0ERTIORARI to the Westchester oyer and terminer, to remove an indictment and bill of exceptions. The defendant was indicted for administering poison to Eliza W. ¡Nbrthrup, (his wife,) with intent to kill her. Bedford and White Plains are the two towns in Westchester county where there are court houses, and where the courts are held.
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0ERTIORARI to the Westchester oyer and terminer, to remove an indictment and bill of exceptions. The defendant was indicted for administering poison to Eliza W. ¡Nbrthrup, (his wife,) with intent to kill her. Bedford and White Plains are the two towns in Westchester county where there are court houses, and where the courts are held. For late years the terms of the circuits and oyer and terminer have been appointed by the judges of the Supreme Court, to be held at White Plains, and have been held there ; but the county courts have always been held at Bedford, the same as at White Plains. In…
1Opinion of the Court
By the Court,
Gilbert, J.
I. The question of the legal- . ity of the adjournment to Bedford, is one of power only. There is not the slightest reason for the suggestion, that the prisoner has suffered any injury, of which the court can take cognizance, in consequence of such adjournment. This power of adjournment is original and exclusive in the same sense as the power of appointment. (Code, §§ 22, 24.) The limitation, as to the place of holding the courts, applies to both. They are to be held in the places “ designated by statute for holding circuit or county courts.” It is not disputed that…
2Cases cited1 opinion
- Schroeppel v. ShawNew York Supreme Court · 1849
3Cited by5 opinions
- Commonwealth v. SappCourt of Appeals of Kentucky · 1890
- Goodwin v. StateWisconsin Supreme Court · 1902
- Whallon v. Circuit Judge for Ingham CountyMichigan Supreme Court · 1883
- Williams v. StateSupreme Court of Alabama · 1880
- Manington v. Hocking Valley Railway Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1910