People, Ex Rel. Frey v. . the Warden, Etc.
New York Court of Appeals
Appeal by the relator, Morris Frey, from an order of the General Term of the Supreme Court in the Third Department, of January 19, 1885, affirming an order of the Special Term of July 3, 1884, dismissing a writ of habeas corpus, and remanding the relator to the custody of the warden of the county jail of New York county. The facts appear in the opinion.
1Opinion of the Court
Rttgeb, CIi. J.
The return of the defendant to the writ of habeas corpus in this case alleged, in substance, that the relator, Morris Frey, was detained in custody by virtue of a warrant ¡issued to enforce the collection of a fine duly imposed by a ■delinquency court for the non-performance by him of certain military duties enjoined by his .superior officers. That said Frey was a duly enlisted member of Company B, in the .Eleventh Regiment, of the National Guard of the state of New York, and though a minor at the time of such enlistment ■the same was legal and proper by reason of the consent…
2Cases cited5 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Mills v. MartinNew York Supreme Court · 1821
- Smith v. ShawNew York Supreme Court · 1815
- Adams v. . Saratoga and Washington Railroad CompanyNew York Court of Appeals · 1852
3Cited by22 opinions
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- People Ex Rel. Carr v. MartinNew York Court of Appeals · 1941
- State v. DunnIdaho Supreme Court · 1927
- Smith v. ClausmeierIndiana Supreme Court · 1893
- People ex rel. Young v. StoutNew York Supreme Court · 1894
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