New York Supreme Court, 1837

People ex rel. Newell v. Montgomery Common Pleas

People ex rel. Newell v. Montgomery Common Pleas
New York Supreme Court · Decided January 15, 1837
18 Wend. 341
People ex rel. Newell v. Montgomery Common Pleas

Opinion of the Court

Motion for mandamus. The common pleas of Montgomery quashed an appeal from a justice’s judgment on the ground that the appeal was allowed by the first judge of the county, when absent from the county, to wit, in Albany. The relator asked for a mandamus to vacate the rule quashing the appeal. The court denied the mandamus, saying the judge had no jurisdiction to allow the appeal; it was a judicial act which could properly be performed only in the county for which he was appointed.

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