In re the case of Yates
New York Supreme Court
ON the second day of the last February term, Emmet moved for a habeas corpus to bring up the body of yfohn V. N. Tates, a prisoner in the custody of the sheriff of Albany. The motion was grounded on sundry affidavits which were read. The Court said, that as it was a matter of importance, they would take until the next day, at the opening of the court, to consider whether it was proper to grant the motion.
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ON the second day of the last February term, Emmet moved for a habeas corpus to bring up the body of yfohn V. N. Tates, a prisoner in the custody of the sheriff of Albany. The motion was grounded on sundry affidavits which were read. The Court said, that as it was a matter of importance, they would take until the next day, at the opening of the court, to consider whether it was proper to grant the motion. Emmet then prayed that the prisoner might he admitted to bail, in the mean time.
1Opinion of the Court
Kent, Ch. J.
Until the party is actually before us, on a habeas corpus, we cannot admit to bail, and we do not think proper to allow the writ, without some consultation on the case.
The writ of habeas corpus having been allowed, on the following day, the prisoner was afterwards, (Thursday, the 9th February,) brought up, and the following return was made by the sheriff: That the prisoner was, on the 7th day of February, arrested by him, and in his custody, by virtue of an order of the court of chancery, made the 5th day of December, 1808, which states, that the court of chancery did, on the 20th…
2Cited by73 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- McDonald v. HoveySupreme Court of the United States · 1884
- People v. CookNew York Supreme Court · 1852
- Whittem v. StateIndiana Supreme Court · 1871
- Hyatt v. AllenCalifornia Supreme Court · 1880
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