Argued March 28, 1932 Decided April 26, 1932 Appeal from the Supreme Court, Appellate Division, Third Department. John J. Bennett, Jr., Attorney-General ( Henry Epstein and Leon M. Layden of counsel), for appellant. Charles F. Cummings for respondent. CROUCH, J. The return to the writ of habeas corpus herein pleads a commitment by the county judge of Onondaga county as authority for the detention of the relator. The commitment, dated November 15, 1925, shows that the relator, "arraigned, indicted
June 9, 1928. Casimir Partyka, for the plaintiff. Mimball Smith, for the defendant. HINKLEY, J. The plaintiff, City of Buffalo, by one of its police officers, served a summons upon the defendant in the above-entitled action. The action was commenced and prosecuted in the name of the City of Buffalo and not in the name of the People of the State of New York. That act conclusively determined the character of the proceeding as a civil action and it still retains that character. "The term `civil action'
July, 1895. G.Z. Snider, for appellant. Alonzo Wheeler and Richard S. Harvey, for respondents. TOMPKINS, J. The village of Nyack is a municipal corporation organized under the general village law of 1870, having a police justice. Section 3, title 3, chapter 291 of the Laws of 1870 provides, among other things, as follows: "The trustees shall have power as to acts and matters within the corporate bounds to make, publish and amend and repeal rules, ordinances and by-laws for the following purposes: