Ex parte Johnson
New York Supreme Court
Phebe Johnson petitioned the Judges of the Court of Common Pleas of Montgomery county, that such proceedmgs might be had against-—.-a Justice of the Peace of that county, as the constitution and laws of this state require, for a false return to a writ of certiorari, and for keepáng his office in a grog or dram shop, setting forth the partióulars, and verifying the petition by her affidavit.
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Phebe Johnson petitioned the Judges of the Court of Common Pleas of Montgomery county, that such proceedmgs might be had against-—.-a Justice of the Peace of that county, as the constitution and laws of this state require, for a false return to a writ of certiorari, and for keepáng his office in a grog or dram shop, setting forth the partióulars, and verifying the petition by her affidavit. The petition was presented to the Judges the 12th October, 1324, at which time they made a rule, that the prayer of the petition he denied, without hearing the merits. ’ 63
1Per curiam
The whole was a mere matter of discretion with the Common Pleas. Under the constitution, (art0 4, s. 7) they are the sole judges whether they will notice the charges preferred or not. They hold a constitutional power, with which we will not interfere. Besides, it is a sufficient answer to that part of the case which complains of a false return, that it is more properly triable in another form.
Motion denied.
2Cited by4 opinions
- In Re the Removal From Office of DroegeNew York Court of Appeals · 1909
- People & Platt v. StoutNew York Supreme Court · 1860
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Judges of Oneida Common Pleas v. People ex rel. SavageCourt for the Trial of Impeachments and Correction of Errors · 1799