People Ex Rel. Wolfe v. . Johnson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1920, which reversed an order of Special Term dismissing a writ of habeas corpus, sustained said writ and directed the discharge of the relator from imprisonment. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCabdozo, J.
The relator was taken into custody in August, 1918, under an order of arrest in an action for false imprisonment and malicious prosecution. He was released upon giving bail in the sum of $1,000, the undertaking of the bail providing that he would at all times render himself amenable to any mandate which might be issued to enforce a final judgment against him in the action (Code Civ. Pro. sec. 575, subd. 3). Final judgment in the sum of $3,339:73 was entered in March, 1920; execution against the property was issued and returned unsatisfied; and this was followed by an execution against the…
2Cases cited9 opinions
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- Lansing v. FleetNew York Supreme Court · 1800
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