People ex rel. Farley v. Crane
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator,-Joseph A. Farley, 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 14th day of March, 1904, dismissing a writ of habeas corpus theretofore issued in behalf of the relator and remanding him to the custody of the keeper of the city prison.
1Opinion of the Court
Laughlin, J.:
As we observed in People ex rel. Smith v. Van De Carr (86 App. Div. 9), where a person is held pending examination, or to await trial or the action of the grand jury, and he claims that his restraint is illegal, a practice not founded on statutory authority, but for convenience in bringing before the court on the hearing the information or evidence on which the commitment was issued, thus obviating the delay incident to subpoenaing and examining witnesses, has sprung up in this department of issuing a writ of certiorari and of habeas corpus simultaneously, the writ of certiorari…
2Cases cited8 opinions
- People Ex Rel. Danziger v. Protestant Episcopal House of MercyNew York Court of Appeals · 1891
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Sandman v. TuthillAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. Kuhn v. Protestant Episcopal House of MercyNew York Court of Appeals · 1892
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3Cited by23 opinions
- People v. BelcherNew York Court of Appeals · 1951
- City of Buffalo v. NeubeckAppellate Division of the Supreme Court of the State of New York · 1924
- People v. Park, New York County Courts1915
- People ex rel. Wojek v. HendersonNew York Supreme Court · 1929
- People v. BellNew York County Court, Montgomery County · 1914
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