In re Hess
New York Supreme Court
On writ of.certiorari. Code Civil Proc. 3ST. Y. § 2041, provides that upon application for a writ of habeas corpus where, from an inspection of the petition and accompanying documents, it appears that the cause of detention is an offense not bailable, a writ of certiorari may issue as if applied for, instead of a wrrit of habeas corpus.
1Opinion of the CourtDaniels, J.
The writ of certiorari was not issued under the authority of title 2, art. 3, c. 16, Code Civil Proc. But it was issued under article 3, tit. 2, c. 16, Code, whose functions and office are the same as the writ of habeas corpus. And it has the sanction chiefly of section 2041 of the Code, as well as of other sections in the same article, containing references to these writs. Each is equally effectual where the objection exists that there is no legal cause for the imprisonment of the petitioner. The motion to dismiss the writ on the ground that it was issued without legal authority is therefore…
2Cases cited4 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Geery v. . GeeryNew York Court of Appeals · 1875
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Gray v. CookThe Superior Court of New York City · 1863
3Cited by12 opinions
- Harris v. . ElliottNew York Court of Appeals · 1900
- Coffin v. CoffinAppellate Division of the Supreme Court of the State of New York · 1914
- Ross v. ButlerNew York Supreme Court · 1890
- Devlin v. HinmanAppellate Division of the Supreme Court of the State of New York · 1899
- Walters v. ReinhoudtNew York Supreme Court · 1927
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