Reports of Select Cases Decided in the Courts of New York: Not Heretofore Reported, Or Reported Only PartiallyDiossy, 1883 - Law reports, digests, etc |
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Page 28
... discharge , " is appellate in its power and operation , and under it it is competent for the officer allowing it to inquire into causes out of and beyond the return . In the exercise of this power , no officer or court will go behind ...
... discharge , " is appellate in its power and operation , and under it it is competent for the officer allowing it to inquire into causes out of and beyond the return . In the exercise of this power , no officer or court will go behind ...
Page 30
... discharged . ( Id . 567. ) Upon these enactments- - for they are not new - it has been held that the officer , allowing ... discharge . But it has been held that on habeas corpus the court or officer will not try the question of guilt or ...
... discharged . ( Id . 567. ) Upon these enactments- - for they are not new - it has been held that the officer , allowing ... discharge . But it has been held that on habeas corpus the court or officer will not try the question of guilt or ...
Page 32
... discharged or bailed . may , This rule , however stringent it may be held to be after in- dictment found , is by no means so where the party is detained merely on the warrant of the committing magistrate . Ch . J. MARSHALL recognized ...
... discharged or bailed . may , This rule , however stringent it may be held to be after in- dictment found , is by no means so where the party is detained merely on the warrant of the committing magistrate . Ch . J. MARSHALL recognized ...
Page 33
... discharge him . Even though the commitment be regular , the court will examine the proceed- ings , and if the evidence appear altogether insufficient , will admit him to bail , for the court will rather look to the deposi- tions which ...
... discharge him . Even though the commitment be regular , the court will examine the proceed- ings , and if the evidence appear altogether insufficient , will admit him to bail , for the court will rather look to the deposi- tions which ...
Page 35
... discharge , as the case shall require , and to justice shall appertain . ( Laws of 1818 , ch . 277 , p . 298. ) Out of this enactment grew the existing provision of the Revised Statutes authorizing the prisoner to deny any of the ...
... discharge , as the case shall require , and to justice shall appertain . ( Laws of 1818 , ch . 277 , p . 298. ) Out of this enactment grew the existing provision of the Revised Statutes authorizing the prisoner to deny any of the ...
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Common terms and phrases
affidavit alleged allow amended answer appeal application arrest asked authority averment bill cause of action Charles Crowe claim Clark and James Code committed complaint constitute conviction counsel creditor crime criminal deceased declared defendant defendant's demurrer denied design to effect discharge district attorney duty EDMONDS effect death enacted evidence examination execution executor fact felony fire granted ground guilty habeas corpus Henry Carnel Henry Clay homicide indictment injunction injury inquire intention to kill interest issued James Sullivan Joseph Clark judgment jurisdiction juror Justice legislature magistrate manslaughter matter ment motion murder ne exeat necessary objection obtained offense officer opinion Oyer and Terminer party perpetrated person plaintiff pleading premeditated design prisoner prisoner's proceedings prosecution purpose question resident Revised Statutes rule sentence sheriff Special Term suit Supreme Court testator tion Tompkins trial verdict warrant Wend Westchester county wife witness writ of error YORK OYER
Popular passages
Page 112 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 341 - When perpetrated by any act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual : "3.
Page 109 - ... to be secretly confined or imprisoned in this state, or to be sent out of the state, or...
Page 302 - From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without...
Page 112 - ... Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 104 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 112 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Page 343 - If any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state...
Page 292 - The killing of a human being, unless it is excusable or justifiable, is murder in the first degree, when committed : 1. From a deliberate and premeditated design to effect the death of the person killed, or of another ; or 2.
Page 185 - ... undoubted authority to control all persons and things within, their own territorial limits. When, therefore, both parties to a suit in a foreign country, are...