People Ex Rel. Danziger v. Protestant Episcopal House of Mercy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 13,1891, which reversed an order of Special Term discharging the petitioner from custody. The nature of the proceedings and the material facts are stated in the opinion. The complaint was the foundation of the proceedings against the respondent, and cannot be used as evidence nor to substantiate charges made against her.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 13,1891, which reversed an order of Special Term discharging the petitioner from custody. The nature of the proceedings and the material facts are stated in the opinion. The complaint was the foundation of the proceedings against the respondent, and cannot be used as evidence nor to substantiate charges made against her. The complaint must be sustained by legal evidence. (People v. Fuller, 17 Wend. 211.) The commitment by the magistrate and his adjudication that she was an inmate of a…
1Opinion of the Court
Ruger, Ch. J.
The sole question in this case is whether the
defendant, a benevolent institution, had legal authority for detaining Mollie Danziger, a female infant over the age of twelve years, committed to its custody by a police justice of the city of Hew York.
The question arose upon returns made by the defendant and committing magistrate to a writ of habeas corpus and certiorari. The undisputed evidence showed that Mollie Danziger, a female infant of the age of sixteen years, was arrested on the 8th day of August, 1890; and was brought before Andrew J. White, a police justice of the city of…
2Cases cited2 opinions
- People Ex Rel. Van Riper v. New York Catholic ProtectoryNew York Court of Appeals · 1887
- Blanchard v. . Western Union Tel. Co.New York Court of Appeals · 1875
3Cited by33 opinions
- People Ex Rel. Hubert v. . KaiserNew York Court of Appeals · 1912
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
- People ex rel. Farley v. CraneAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Hubert v. KaiserAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
28 more not listed; retrieve them via the Exa API.