People ex rel. Tweed v. Liscomb
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming upon certiorari an order of the Court of Oyer and Terminer in and for the city and county of Hew York, dismissing a writ of habeas corpus issued upon the application of the relator, and remanding him to custody.
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Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming upon certiorari an order of the Court of Oyer and Terminer in and for the city and county of Hew York, dismissing a writ of habeas corpus issued upon the application of the relator, and remanding him to custody. (Eeported below, 3 Hun, 760; 6 H. Y. S. C. [T. & G], 258.) It appeared by the papers that the relator, William M. Tweed, was confined in the Hew York penitentiary on Blackwell’s Island, of which the defendant was warden. At a Court of Oyer and Terminer held in and for the city…
1Opinion of the CourtAllen, J.
The question of gravest import, and which is to he considered in limine, as that upon which the jurisdiction of the court to consider the other question presented depends, relates to the office and effect of the writ of habeas corpus, under our system of jurisprudence, and the statutes of the State regulating proceedings under it. Belief from illegal imprisonment by means of this remedial writ is not the creature of any statute. The history of the writ is lost in antiquity. It was in use before magna chareta, and came to us as a part of our inheritance from the mother country, and exists as a…
2Cases cited8 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. RyndersNew York Supreme Court · 1834
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3Cited by2 opinions
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Gillin v. CanaryAppellate Terms of the Supreme Court of New York · 1897