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People ex rel. Churchill v. Rensselaer C. P.

The People, on the relation of Churchill and others v. Rensselaer C. P.

People ex rel. Churchill v. Rensselaer C. P., 6 Wend. 543 (N.Y. Sup. Ct. 1831)
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Court
New York Supreme Court · State Trial Courts
Decided
June 23, 1831
Judges
Sutherland
Citations
6 Wend. 543
Headnotes
It is not necessary that an officer, taking an affidavit or allowing an appeal from a justice’s judgment, should add to his signature the title of his office.
Summary
Motion for mandamus. The common pleas of Rensselaer dismissed an appeal from a justice’s judgment, because the commissioner who allowed the same had not added the Hile of his office to his signature, attached to the jural of the affidavit and to the allocatur of the appeal. In opposition to the motion to dismiss the appeal,it was shewn that the commissioner was a judge of the common pleas of Rensselaer county, of the degree of counsel in this court. The relators, (the appellants,) now moved for a mandamus to vacate the rule dismissing the appeal.

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Opinion of the Court — Sutherland

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By the Court, Sutherland, J.

It is not necessary that an officer, taking an affidavit or allowing an appeal, should add to his signature the title of his office. The appeal having been allowed by one of the judges of the common pleas, that court must have been able from inspection to determine that it was allowed by a proper officer; and, in addition, it was expressly shewn by affidavit that it was properly allowed. The error of the court, therefore, must have been in requiring the title of the officer to be added to his signature. This is not necessary. Let an alternative mandamus issue.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1879–1880: 11887–1888: 11889–1890: 11899–1900: 118792026peak 1879 · 1

Relies on it most ⓘ

  1. Jackman v. City of Gloucester9 N.E. 740 (Mass. 1887)
  2. Thompson v. Glover78 Ky. 193 (1879)
  3. Sage v. Stafford42 A.D. 449 (1899)
  4. Hudson v. Fishel20 A. 100 (R.I. 1890)

Most recent

  1. Sage v. Stafford42 A.D. 449 (1899)
  2. Hudson v. Fishel20 A. 100 (R.I. 1890)
  3. Jackman v. City of Gloucester9 N.E. 740 (Mass. 1887)
  4. Thompson v. Glover78 Ky. 193 (1879)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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