People Ex Rel. Hummel v. . Reardon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1906, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The present Code provisions have entirely uprooted the former loose provisions of the Revised Statutes.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1906, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The present Code provisions have entirely uprooted the former loose provisions of the Revised Statutes. A convict cannot now be lawfully admitted to hail pending appeal until the judge has responsibly certified that there is reasonable doubt, and an application for such a…
1DissentO’Brien, J.
The appeal in this case is from an order of the Appellate Division, which unanimously affirmed an order of the Special Term sustaining a writ of habeas corpus and admitting the relator to bail. The only question presented is whether this order made by the learned court below is affected with any legal error. There is no other question in the case that this court can. review.
Singularly enough it is asserted and urged by both parties upon this appeal that the question is purely academic, that whatever way it may be decided here, it can have no effect upon the parties to the controversy. The…
2Cases cited5 opinions
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Jarvis v. SewallNew York Supreme Court · 1863
- Catlin v. . GrisslerNew York Court of Appeals · 1874