Matter of Watson v. . Nelson
New York Court of Appeals
Appeal by Mary Nelson from order of the General Term of the Supreme Court in the third judicial department, affirming, upon certiorari, an order of a justice of said court in proceedings by habeas corpus, discharging the respondent from imprisonment in the county jail of Rensselaer county, where he was in custody under a commitment issued by the surrogate of said county for an alleged contempt. The facts appear sufficiently in the opinion.
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Appeal by Mary Nelson from order of the General Term of the Supreme Court in the third judicial department, affirming, upon certiorari, an order of a justice of said court in proceedings by habeas corpus, discharging the respondent from imprisonment in the county jail of Rensselaer county, where he was in custody under a commitment issued by the surrogate of said county for an alleged contempt. The facts appear sufficiently in the opinion. The surrogate was authorized to enforce his decree herein by attachment against the person of respondent, and to treat his refusal to obey the same as a…
1Opinion of the CourtRapallo, J.
This appeal might properly be dismissed without going into the merits of the case, on the ground that the present appellant has no such standing in the proceeding as to entitle her to bring the appeal. She was not named in the writ of certiorari as a relator, and it is only by reference to the exhibits attached to the return that it can be discovered that she may possibly be interested in the result.
But, as it was intimated upon the argument that the court would pass upon the question of the legality of the commitment upon which the prisoner is sought to be held, we proceed to do so.
The…
2Cases cited6 opinions
- Seaman v. . DuryeaNew York Court of Appeals · 1854
- Van Wezel v. Van WezelNew York Court of Chancery · 1831
- People ex rel. Hawley v. BennettNew York Court of Chancery · 1833
- People ex rel. Backus v. SpaldingNew York Court of Chancery · 1843
- Patrick v. WarnerNew York Court of Chancery · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ex parte WrightIndiana Supreme Court · 1879
- Clark v. . BiningerNew York Court of Appeals · 1878
- Harris v. . ElliottNew York Court of Appeals · 1900
- Myers v. . BeckerNew York Court of Appeals · 1884
- In re HessNew York Supreme Court · 1888
24 more not listed; retrieve them via the Exa API.