Volume 97 — Sickels

The nature of the action and the facts, so far as material, are stated in the opinion. The court below had no jurisdiction either of the person of the defendant or the subject of the action. (Code Civ. Pro. § 263.) In order to recover the plaintiff must show that defendant owed him a duty, the neglect of which caused the injury, and this proof must be by direct evidence, or by proof of facts from which the inference of negligence can be legitimately drawn by the jury.

On May 19, 1893, the petitioners procured a writ of mandamus to the supervisors of Kings county, which directed them “ to divide the said county of Kings into eighteen assembly districts, each of which shall consist of convenient and contiguous territory and each of which shall be made equal as to population so far as that is attainable, while making each district of convenient and contiguous territory and keeping the towns of said county undivided.” On June 9, 1893, the…

<p>Appeal—Review—Criminal law.</p> <p>Where a conviction is reversed on the facts by the general term, the power to review the facts ends.</p>