3 Cow. 371
Decided October 15, 1824
New York Supreme Court · decided 1824-10-15
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.
Good law ✅— No negative treatment on recordhow we know
Decided 1824-10-15
Cited by 3 later decisions — most recently December 1909
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The 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.
¶2Motion denied.