People ex rel. McLoughlin v. Wilson
New York Supreme Court
Appeal from order of Herkimer county judge. Application by James McLoughlin for a writ of habeas corpus against Sylvester Wilson, sheriff, and another. The writ was granted, relator wás discharged, and defendants appeal.
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Appeal from order of Herkimer county judge. Application by James McLoughlin for a writ of habeas corpus against Sylvester Wilson, sheriff, and another. The writ was granted, relator wás discharged, and defendants appeal. On the 28th day of November, 1894, the county judge of Herkimer county granted an order discharging the relator, James McLoughlin, from custody, which order contained the following language: “Ordered, that said James Mc-Loughlin be, and he hereby is, discharged from the custody of the said Sylvester Wilson, as such sheriff, and from further imprisonment under and by virtue of…
1Opinion of the CourtHardin, P. J.
Section 2015 of the Code contains a general provision for the allowance of a writ of habeas corpus to be made, “except in one of the cases specified in the next section.” The next section, to wit, section 2016, prescribes expressly as follows:
“A person is not entitled to either of the writs specified in the last section, in either of the following cases: * * * (2) Where he has been committed, •or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction. * * *”
Section 2032 of the Code provides as follows:
“The court or judge must…
2Cases cited4 opinions
- People Ex Rel. Danziger v. Protestant Episcopal House of MercyNew York Court of Appeals · 1891
- Wood v. . HenryNew York Court of Appeals · 1869
- People ex rel. Lotz v. NortonNew York Supreme Court · 1894
- In re DonohueNew York Supreme Court · 1876
3Cited by3 opinions
- In re DavisIdaho Supreme Court · 1913
- People ex rel. Harris v. GillAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Edwards v. Warden of WorkhouseNew York Supreme Court · 1902