People ex rel. Holt v. Lambert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
The relator’s discharge from custody on the writ of habeas corpus, so far as we are able to determine in the absence of an opinion at Special Term, was predicated upon the grounds: (1) That the judgment secured against her in the Municipal Court was not one on which a body execution could issue, or (2) that the provision in the judgment rendering the relator liable to arrest and imprisonment was inserted by the clerk without the authority of the trial justice.
Assuming without conceding that either or both of these facts have been established, we are still of the opinion that the relator’s…
2Cases cited2 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- People ex rel. Price v. HayesAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- People ex rel. Bellovin v. Sheriff of Kings CountyAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Weiner v. Sheriff of Kings CountyAppellate Division of the Supreme Court of the State of New York · 1935
- Beros v. Children's Exchange, Pennsylvania Court of Common Pleas, Mercer County1989
- People v. DoeAppellate Division of the Supreme Court of the State of New York · 1941