People ex rel. Price v. Warden
Appellate Division of the Supreme Court of the State of New York
Appeal by The People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1902, sustaining a writ of habeas corpus theretofore allowed in the action, and directing the discharge of the relator from the custody of the defendant.
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Appeal by The People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1902, sustaining a writ of habeas corpus theretofore allowed in the action, and directing the discharge of the relator from the custody of the defendant. The relator herein was arrested, and on Sunday, the 19th day of June, 1901, was brought before a city magistrate upon the charge of. disorderly conduct, to which she pleaded guilty, and was sentenced and committed forthwith to the New…
1Opinion of the Court
O’Brien, J.:
The case relied upon to support the order discharging the prisoner is that of People ex rel. Donohue v. Walton (35 Misc. Rep. 320). Therein it was said : “ At common law no judicial act could be done on Sunday. (Story v. Elliot, 8 Cow. 27; Van Vechten v. Paddock, 12 Johns. 178.) The same rule is substantially declared by section 6 of our Code of Civil Procedure. The reservation therein that ‘ this section does not prevent the exercise of the jurisdiction of a magistrate where it is necessary to preserve the peace or, in a criminal case, to arrest, commit or discharge a person…
2Cases cited4 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Perkins v. . SmithNew York Court of Appeals · 1889
- Van Vechten v. PaddockNew York Supreme Court · 1815
- People ex rel. Donohue v. WaltonNew York Supreme Court · 1901
3Cited by11 opinions
- People Ex Rel. Burke v. . FoxNew York Court of Appeals · 1912
- People ex rel. Burke v. FoxAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Ryan v. Superintendent of the State Reformatory for WomenAppellate Division of the Supreme Court of the State of New York · 1912
- Kraft v. de VerneuilAppellate Division of the Supreme Court of the State of New York · 1905
- People v. Jackson, New York County Courts1947
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