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People ex rel. Newell v. Montgomery Common Pleas

18 Wend. 341 Court N.Y. Sup. Ct. English

Contents

Majority

p. 341
The People, ex rel. Newell and others, vs. Montgomery Common Pleas.

Headnote

An appeal cannot be allowed by the first judge of a county when absent from the county for which he was appointed.

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.