Ex parte M'Collum
New York Supreme Court
jj. R. Tiffany, Esq. one of the Justices of the Peace of the county of Wayne, rendered judgment, in June last, in favour 0f the relator against one Souls, for 15 dollars 64 cents.
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jj. R. Tiffany, Esq. one of the Justices of the Peace of the county of Wayne, rendered judgment, in June last, in favour 0f the relator against one Souls, for 15 dollars 64 cents. On the 22d of July thereafter, the relator applied to him for án execution, which he refused to issue, alleging as a rea5bn, that he had been advised that the provisions of the law creating the county of Wayne, authorising the Justices of Ontario, who resided in the county of Wayne at the timé of its erection, to act as Justices of the latter county, was unconstitutional; that he, being one of them, and deriving his…
1Opinion of the Court
Savage, Ch. J.
A motion is made, that a mandamus issue, to, Alexander R. Tiffany, commanding him to issue an execution qn a judgment rendered by him as a Justice of the Peace of-the county of Wayne, in favour of the relator, against Anthony, Souls. Notice having been served on the Justice, and the defendant, Souls, the former shewed for cause, that he had been advised, that the act erecting the county of Wayne, so far as the same authorized part of the former Justices of the county of Ontario to act qs Justices of the county of Wayp,e, is unconstitutional and void, and that he will be liable…
2Cited by20 opinions
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- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
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