In re Baker
New York Supreme Court
On fyabeas corpus, to the sheriff of Ontario county, to be relieved from imprisonment. The case was heard at the court-house in Canandaigua, the 15th of May, 1855. The return of the sheriff to the writ stated, that the imprison-" ment ivas by virtue of a warrant, issued by Chas. J. Folger, county judge of Ontario county, a copy of which was annexed.
Read the full summary
On fyabeas corpus, to the sheriff of Ontario county, to be relieved from imprisonment. The case was heard at the court-house in Canandaigua, the 15th of May, 1855. The return of the sheriff to the writ stated, that the imprison-" ment ivas by virtue of a warrant, issued by Chas. J. Folger, county judge of Ontario county, a copy of which was annexed. The warrant, under the hand and seal of said judge, recited in substance, that on the 11th of April, 1855, Thomas R. Peck presented his petition in writing to said judge, setting forth, that at an annual town meeting, held in the town of West «…
1Opinion of the Court
T. R. Strong, Justice.
The. only questions which legitimately arise in this case, relate to the jurisdiction of Judge Folger to issue the warrant under which the imprisonment in question exists. If it does not appear that such jurisdiction was wanting, the relief sought must be denied.
It is not allowable, on habeas corpus, to inquire into the regularity of the proceedings upon which process is based, or the sufficiency of the evidence, or accuracy of the decisions in those proceedings, not affecting the jurisdiction of the court or officer issuing the process. Defects in such particulars, so…
2Cases cited7 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- Horton v. AuchmoodyNew York Supreme Court · 1831
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
- Halliday v. McDougallNew York Supreme Court · 1838
- Bennac v. PeopleNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thompson v. HoltSupreme Court of Alabama · 1875
- People Ex Rel. Kuhn v. Protestant Episcopal House of MercyNew York Court of Appeals · 1892
- Ex parte WhipperSupreme Court of South Carolina · 1890
- In re the Application of BrennerAppellate Division of the Supreme Court of the State of New York · 1901
- Bruner v. SmithSupreme Court of South Carolina · 1938
5 more not listed; retrieve them via the Exa API.