Ex parte Johnson
3 Cow. 371 | N.Y. Sup. Ct. | 1824
The 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.
Motion denied.
