Legal Opinion

People, Ex Rel. McDonald v. . Keeler

New York Court of Appeals

Decided October 6, 1885PublishedCited by 99 opinions

Appeal by the respondent from a judgment of the General Term of the Supreme Court in the Third Department, of May, 1885, reversing the order of the Albany Oyer and Terminer. The facts appear in the opinion. For points of counsel see 2 W. 7. Grim. Rep. 141.

1Opinion of the CourtRapallo, J.

The return to the writ of habeas corpus m this case showed that the relator was held by the sheriff in his custody by virtue of a commitment issued by the president and clerk of the senate of this State .on February 28,1884, a copy of which commitment was annexed to the return.

This commitment recited in part the proceedings leading to its issuance, and the relator put in a traverse to the 'return, setting forth such proceedings in full and in detail. The case was heard before the court of Oyer and Terminer of Albany county upon the petition for the writ of habeas corpus, the writ, the return…

2Cases cited8 opinions

  1. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  2. Anderson v. DunnSupreme Court of the United States · 1821
  3. Dash v. Van KleeckNew York Supreme Court · 1811
  4. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  5. Happy v. . MosherNew York Court of Appeals · 1872

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3Cited by99 opinions

  1. McGrain v. DaughertySupreme Court of the United States · 1927
  2. Quinn v. United StatesSupreme Court of the United States · 1955
  3. United States v. BiscegliaSupreme Court of the United States · 1975
  4. People Ex Rel. Karlin v. CulkinNew York Court of Appeals · 1928
  5. People v. . SharpNew York Court of Appeals · 1887

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