Legal Opinion

Forbes' Case

New York Supreme Court

Decided August 15, 1860PublishedCited by 4 opinions

Habeas corpus to inquire into the detention of Catharine' Forbes, who was imprisoned on a summary conviction as a vagrant. The facts are stated in the opinion.

1Opinion of the CourtSutherland, J.

The warden of the city prison returns to the writ of habeas corpus allowed by me in this matter, a copy of the warrant of commitment under which the prisoner was received into his custody, and by virtue of which she is held and detained.

After hearing counsel, and after giving to the subject the most serious consideration called for, as I thought, by its great importance and public interest, I have come to the conclusion that the warrant of commitment on its face is absolutely void, and that the prisoner must be discharged, on the ground that it does not appear on the face of the commitment…

2Cases cited1 opinion

  1. People v. PhillipsNew York Supreme Court · 1847

3Cited by4 opinions

  1. Ex parte McCarthyCalifornia Supreme Court · 1887
  2. People ex rel Duntz v. CoonNew York Supreme Court · 1893
  3. People ex rel. James v. New York SocietyNew York Supreme Court · 1897
  4. People v. Ward, New York County Courts1916

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