People ex rel. Smith v. Biggart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Biggart, as deputy sheriff, from, an order made by the special county judge of Washington county and entered in the office of the clerk of the county of Washington on the 2d day of October, 1897, discharging the relator from the custody of the defendant as deputy sheriff or otherwise, and from further restraint'and imprisonment under and by virtue of an execution issued out of the Supreme Court to the sheriff of Washington county in the action…
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Appeal by the defendant, Frank Biggart, as deputy sheriff, from, an order made by the special county judge of Washington county and entered in the office of the clerk of the county of Washington on the 2d day of October, 1897, discharging the relator from the custody of the defendant as deputy sheriff or otherwise, and from further restraint'and imprisonment under and by virtue of an execution issued out of the Supreme Court to the sheriff of Washington county in the action wherein the Long Island Mutual Fire Insurance Corporation is plaintiff and the said Sanford Smith is defendant. The…
1Opinion of the Court
Merwin, J.:
In the return of the appellant to the writ it was specifically stated that the relator had given an undertaking entitling him to the jail limits and that he was then on such limits. This was not denied by the relator in his traverse to the return, and we must assume it to be true. The same thing may be inferred from the petition itself of the relator. The order of discharge recited that the relator appeared before the judge in person and by attorney.
The appellant claims that, as the relator was on the jail limits, there was no such restraint as authorized a resort to the writ of…
2Cited by4 opinions
- Bayless v. Wandel, New York County Courts1983
- People v. SolomonCriminal Court of the City of New York · 1977
- People ex rel. Albert v. PoolAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Kriloff v. NobleNew York Supreme Court · 1962