People v. Mack
Court Of Oyer And Terminer New York
This was an action on a recognizance, taken by a justice of the peace, before indictment, for the appearance of one Smith at the June Oyer and Terminer in the county of Dutchess. On the trial, the plaintiff called the county clerk as a witness, who testified that there was a court of Sessions, with a grand jury, between the taking of the recognizance and the June Oyer and Terminer.
Read the full summary
This was an action on a recognizance, taken by a justice of the peace, before indictment, for the appearance of one Smith at the June Oyer and Terminer in the county of Dutchess. On the trial, the plaintiff called the county clerk as a witness, who testified that there was a court of Sessions, with a grand jury, between the taking of the recognizance and the June Oyer and Terminer. Judgment was given for the defendant, on the ground that the recognizance was' void for not having required the prisoner to appear at the next criminal court having jurisdiction of the offence charged. The case was…
1Opinion of the CourtDean, J.
This testimony is material, because, if true, and if it had been produced, the plaintiff would have been entitled to judgment. Nor is it cumulative within any legal signification of the term. The application is not open to objection on either of these grounds and raises distinctly the question, whether a party can ever obtain relief, by motion for a new trial, when he discovers that evidence within his reach, and of which by ordinary diligence he might have availed himself on the trial, would change, or probably change, the result.
The answer, in this case, fully apprized the plaintiff of the…
2Cases cited2 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Knox v. Work, Pennsylvania Court of Common Pleas, Philadelphia County1809
3Cited by1 opinion
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860