New York Supreme Court, 1830

People ex rel. Taylor v. Yates General Sessions

People ex rel. Taylor v. Yates General Sessions
New York Supreme Court · Decided November 18, 1830 · Savage
5 Wend. 110

Counsel

J. Taylor, (district attorney,) for the motion.

People ex rel. Taylor v. Yates General Sessions

Opinion of the Court

By the Court,

Savage, Ch. J.

The court of general sessions have no jurisdiction to cause the sentence of the special sessions to be executed until after the conviction has been removed into this court and our judgment has been remitted to the general sessions. 2 R. S. 719, § 54, 55, 56, 57. The court of special sessions have not lost jurisdiction of the matter; a certiorari not having been issued, the proceedings remain before them, and they have authority to cause their judgment to be executed. 2 R. L. 716, § 31. The motion for a mandamus is therefore denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.