People Ex Rel. Duryee v. . Duryee
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 30,' 1906, which reversed an order of Special Term denying a motion to dismiss a writ of habeas corpus and granted such motion. This proceeding is a controversy between husband and wife, living in a state of separation, involving the custody of their infant daughter.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 30,' 1906, which reversed an order of Special Term denying a motion to dismiss a writ of habeas corpus and granted such motion. This proceeding is a controversy between husband and wife, living in a state of separation, involving the custody of their infant daughter. It was commenced by the husband, a resident of this state, upon whose petition a writ of habeas corpus was issued against the wife. Neither the petition nor the writ is set forth in the record and the first…
1Opinion of the CourtYaw, J.
The power of the Appellate Division to reverse the order of the Special Term is challenged by the appellant and section 2058 of the Code of Civil Procedure is cited in support of the challenge. That section provides when appeals may be taken in cases arising under the article relating to the writ of habeas corpus issued to inquire into the cause of detention. (Code Civ. Pro. ch. 16, tit. 2, art. 3.) It authorizes an appeal “ from an order refusing to grant a writ of habeas corpus * * * or from a final order, made upon the return of such a writ, to discharge or remand a prisoner, or to dismiss…
2Cases cited2 opinions
- People ex rel. Keator v. MossAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of LarsonNew York Court of Appeals · 1884
3Cited by15 opinions
- People ex rel. Robertson v. New York State DivisionNew York Court of Appeals · 1986
- Crowell v. CrowellSupreme Court of Georgia · 1940
- The People of the State of New York, ex rel. Lesley M. DeLia v. Douglas MunseyNew York Court of Appeals · 2015
- People ex rel. Satti v. SattiAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. DeLaney v. Mount St. Joseph's AcademyAppellate Division of the Supreme Court of the State of New York · 1921
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