Bank of the United States v. Jenkins
New York Supreme Court
ONE of the defendants, Thomas Jenkins, was arrested on a capias ad respondendum, issued in this cause at the suit of the plaintiffs, in the city of New-York, and Elisha Jenkins, and the other defendant, were arrested in the county of Columbia, and the same person was bail for all the defendants. y r # A iudgtnent having been entered up against all the defend- ° . , • , . ants, a fíen facias was issued against them, m August term _ „ r . . - - _ last, directed to the sheriii…
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ONE of the defendants, Thomas Jenkins, was arrested on a capias ad respondendum, issued in this cause at the suit of the plaintiffs, in the city of New-York, and Elisha Jenkins, and the other defendant, were arrested in the county of Columbia, and the same person was bail for all the defendants. y r # A iudgtnent having been entered up against all the defend- ° . , • , . ants, a fíen facias was issued against them, m August term _ „ r . . - - _ last, directed to the sheriii of the city and county oí Jvezo-York, who returned thereon, that no goods or chattels, lands or tenements, could be…
1Opinion of the Court
Spencer, Ch. J.
This Court has power to relieve against all illegal imprisonments, either in civil or criminal cases. It is a power derived from the common law, and I know of ^no limit to it, but our sound discretion. But we are of opinion, that the writ of habeas corpus is not the proper remedy for the defendant in this case, and shall not, therefore, discharge him from imprisonment on this writ. We have again looked into the affidavits on which the motion was made on the first day of the term, and on reconsidering the case, we are satisfied that there was nothing to warrant the practice…
2Cited by11 opinions
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- Ex parte RollinsSupreme Court of Virginia · 1885
- Platt v. HarrisonSupreme Court of Iowa · 1858
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Moe v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
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