In re Quinn
Appellate Division of the Supreme Court of the State of New York
Motion by the district attorney to dismiss an appeal from an order of a Special Term of the Supreme Court, discharging the relator from imprisonment.
1Opinion of the Court
Cullen, J.:
It seems to be clear that at common law a writ of error did not lie to review a decision on habeas corpus. (Hurd on Habeas Corpus, 353 [hi. p. 562]. Opinion of Kent, Ch. J., in Yates v. People, 6 Johns. 337.) Still, very early in the history of this State, it was held that a prisoner might bring up for review, by a writ of error, an adverse decision on habeas corpus, despite the English rule to the contrary. (Yates v. People, supra.) We can find no case prior to the Revised Statutes where a writ of error was allowed on the application of the People. By the Revised Statutes (Yol. 2,…
2Cases cited4 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Yates v. PeopleNew York Supreme Court · 1810
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1888
- People Ex Rel. Breslin v. . LawrenceNew York Court of Appeals · 1888
3Cited by13 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Matter of LeeNew York Court of Appeals · 1917
- People v. RodriguezNew York Court of General Session of the Peace · 1958
- American Life Ins. v. FergusonOregon Supreme Court · 1913
- Post v. LyfordAppellate Division of the Supreme Court of the State of New York · 1954
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