Case of Husted
New York Supreme Court
An application was made for a habeas corpus to bring up one Husted, detained in custody by a captain in the army of the United States, who claimed him as a soldier enlisted under the authority of the United States.
1Opinion of the Court
Radcliff, J. and Kent, J.
were of opinion that the application ought to be refused, on the ground that if the facts stated were returned on the habeas corpus, it would be conclusive against his. discharge.
Benson, J. said the motion ought to be denied, because hi s court had no jurisdiction in the case.(b)
Lewis, J. and Lansing, Ch. J. were for granting, the Habeas corpus.
Motion denied.
In the matter of Roberts, 2 Hall’s Law Journal, 192; and see In the matter of Ferguson, 9 Johns. 239, where the court doubtupon this question ; but see against the opinion of Benson, J.; Matter of Carleton, 7…
2Cases cited2 opinions
- In re FergusonNew York Supreme Court · 1812
- Lanuse v. BarkerNew York Supreme Court · 1813
3Cited by1 opinion
- In re FarrandDistrict Court, D. Kentucky · 1867