In re Scrofford
New York Supreme Court
Appeal from order of Oneida county judge. Application by Legrange E. Scrofford for a writ of habeas corpus. This is an appeal from an order made by Hon. W. T. Dunmore, special county judge of Oneida county, August 20, 1890, declaring a rendition warrant issued by the governor insufficient, and discharging defendant “from the custody of the sheriff of Oneida county and from further imprisonment and restraint under and by virtue of the said warrant issued by the governor of…
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Appeal from order of Oneida county judge. Application by Legrange E. Scrofford for a writ of habeas corpus. This is an appeal from an order made by Hon. W. T. Dunmore, special county judge of Oneida county, August 20, 1890, declaring a rendition warrant issued by the governor insufficient, and discharging defendant “from the custody of the sheriff of Oneida county and from further imprisonment and restraint under and by virtue of the said warrant issued by the governor of the state of Hew York, by which he was held by the sheriff;” which order was filed August 23, 1890, in the Oneida county…
1Opinion of the CourtHardin, P. J.
Article 3 in the Code of Civil Procedure prescribes the practice in regard to writs of habeas corpus. Section 2015 provides that a person imprisoned or restrained in his liberty is entitled to a writ of habeas corpus. Section 2017 provides that the application for the writ must be made by a written petition, and mentions the courts and officers who may allow the same. Section 2031 provides that the court or judge before whom the prisoner is brought “must, immediately after the return of the writ, examine into the facts alleged in the return, and into the cause of the imprisonment or restraint…
Also in this document: Concurrence.
2Cases cited3 opinions
- In re ClarkNew York Supreme Court · 1832
- The People Ex Rel. Draper v. . PinkertonNew York Court of Appeals · 1879
- Filson v. CrawfordNew York Supreme Court · 1889
3Cited by2 opinions
- Ray v. Warden, Baltimore City JailCourt of Special Appeals of Maryland · 1971
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1922