People ex rel. McDonald v. Keeler
New York Supreme Court
Appeal by relator, William McDonald, from an order made by Justice Theodorio E. Westbrook, April 10, 1884, at th.e Albany Oyer and Terminer, dismissing the petition and the proceedings of said McDonald, to be discharged from imprisonment on a writ of habeas corpus. ¡For a statement of the facts see Justice Westbrook’s opinion, ante, page 82. I. The Senate is a tribunal of competent jurisdiction, having power to punish for contempt. 1 E. S. 504, tit. 2, ch. 7, § 13, and see…
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Appeal by relator, William McDonald, from an order made by Justice Theodorio E. Westbrook, April 10, 1884, at th.e Albany Oyer and Terminer, dismissing the petition and the proceedings of said McDonald, to be discharged from imprisonment on a writ of habeas corpus. ¡For a statement of the facts see Justice Westbrook’s opinion, ante, page 82. I. The Senate is a tribunal of competent jurisdiction, having power to punish for contempt. 1 E. S. 504, tit. 2, ch. 7, § 13, and see revisers’ note. a. The foregoing statute is constitutional. Neither the Constitution of 1821 nor that of 1846 contains…
1Opinion of the CourtLearned, P. J.
An idea has undoubtedly prevailed, and has had some judicial sanction, that congress and the legislatures of the states succeeded to all, or nearly all, those powers which were known under the general name of privileges of’ Parliament, and which are stated in general language by Blackstone. (1 Bl. Comm. 163, et seq.) It was in accordance with this idea that, in 1870, the Assembly of this state summoned before itself a justice of the Supreme Court to answer for a judicial act done by him while sitting as one of the judges of the Court of Oyer and Terminer. Fortunately the Assembly, in the end,…
2Cases cited8 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Anderson v. DunnSupreme Court of the United States · 1821
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- McClung v. SillimanSupreme Court of the United States · 1821
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
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