People Ex Rel. Armstrong v. Warden of City Prison
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1905, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to the custody of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1905, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to the custody of the defendant. The facts, so far as material, are stated in the opinion. The act in question relates to the police power of the state, and such power can only be exercised for the promotion of the health, comfort, safety and welfare of society. (Wright v. Hart, 182 N. Y. 355; Colon v. Lisk, 153 N. Y. 188; Lawton v. Steele, 152 U. S. 133; Lochner v.…
1Opinion of the CourtO’Brien, J.
The courts below have dismissed a writ of habeas corpus sued out by the relator to inquire into the cause of his imprisonment and to be discharged therefrom. The defendant made return to the writ to the effect that he detained the relator in his custody by virtue of a warrant of commitment made by one of the city magistrates of the city of 27ew York on the 31st day of March, 1905, and a copy of the warrant was annexed to the return and made a part thereof. After a hearing upon the petition, the return and the writ, the court decided that the relator was properly committed and the order was…
2Cases cited4 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Mallett v. North CarolinaSupreme Court of the United States · 1901
- People v. . HavnorNew York Court of Appeals · 1896
- Williams v. . the PeopleNew York Court of Appeals · 1862
3Cited by53 opinions
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Brazee v. MichiganSupreme Court of the United States · 1916
- Collier & Wallis, Ltd. v. AstorCalifornia Supreme Court · 1937
- Huntworth v. TannerWashington Supreme Court · 1915
- People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
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