Nash v. . the People
New York Court of Appeals
Appeal from, a judgment of the Supreme Court rendered ' at General Term in the first district. Louisa Nash was arrested and committed by a police justice of the city of New York on a charge of larceny. The city judge of the city of New York allowed a writ of habeas corpus, upon which she was discharged, on the ground that the commitment was defective on its face.
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Appeal from, a judgment of the Supreme Court rendered ' at General Term in the first district. Louisa Nash was arrested and committed by a police justice of the city of New York on a charge of larceny. The city judge of the city of New York allowed a writ of habeas corpus, upon which she was discharged, on the ground that the commitment was defective on its face. The General Term of the Supreme Court, in the first district reversed this decision, on certiorari, on the ground that the city judge of the city of New York had no jurisdiction in the habeas corpus proceedings. Prom the judgment…
1Concurrence
The question presented for adjudication upon this appeal is, whether the city judge of the city of New York, is authorized by any existing law of this State, out of court, to issue and allow the writ of habeas corpus. It is claimed on the part of the appellant, that such power and authority are vested in the recorder of said city, and that the powers and functions of the recorder have been conferred by law upon the city judge. It will be appropriate to consider in the first place, whether the recorder of the city of New York, has the power to allow the writ, and in the next place, if he has,…
2Cases cited5 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Yates v. LansingNew York Supreme Court · 1810
- Hayner v. . JamesNew York Court of Appeals · 1858
- Seaman v. PattenNew York Supreme Court · 1805
- Underwood v. MorganNew York Supreme Court · 1814