People ex rel. Falk v. Dike
New York Supreme Court
He ARIKH on a traverse to a return to writs of habeas corpus in two cases, granted March 14th, 1902. The relator was taken and detained in custody by the respondent Dike claiming to act as sheriff of Kings county, and on said March 14th he produced him in answer to the writ and made return that he so took and detained him under an execution against his person in a civil action, which he exhibited.
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He ARIKH on a traverse to a return to writs of habeas corpus in two cases, granted March 14th, 1902. The relator was taken and detained in custody by the respondent Dike claiming to act as sheriff of Kings county, and on said March 14th he produced him in answer to the writ and made return that he so took and detained him under an execution against his person in a civil action, which he exhibited. It was -conceded in open court that the writ was served before the relator had been taken to the jail, and that he was not taken there. To this refurn a traverse was filed that' the respondent Dike…
1Opinion of the Court
Gavetob, J.:
• This relator cannot be held by both' of these respondents on the same process. One or the other of them must be a trespasser against him and liable in damages to him therefor. I cannot remand him to the custody of each of them, but only to that of one of them. Each of these respondents is arresting persons, making sales, and doing other acts, as sheriff, greatly to the an*403noyance of the courts and judges of the county, and to the public. They cannot both be sheriff of Kings county at the same time. There can be only one sheriff of such county in law and in fact at the same time;…
2Cases cited4 opinions
- Williams v. . BoyntonNew York Court of Appeals · 1895
- Boardman v. HallidayNew York Court of Chancery · 1843
- Cronin v. . StoddardNew York Court of Appeals · 1884
- People ex rel. Devlin v. PeabodyNew York Supreme Court · 1858
3Cited by2 opinions
- People ex rel. Falk v. DikeAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Falk v. GudenAppellate Division of the Supreme Court of the State of New York · 1902