People ex rel. MacDonald v. Leubischer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Leubiseher, and Clarence H. Venner, the party at whose instance the relator was arrested, from an order of the Supreme Court, made at the blew York Special Term and entered in the office of the' clerk of the county of blew York on the 12th day of May, 1898, discharging the relator from custody.
1Opinion of the Court
Ingraham, J.:
• The relator, being in custody of the respondent, a marshal of the city of blew York, presented his petition to the Supreme Court, alleging that his imprisonment or restraint is by virtue of a certain paper writing, purporting to be a mandate signed by one Edward J. McCabe, commissioner and notary public, and that said McCabe, as such commissioner and notary, public, possesses no power or authority whatever under or by virtue of any -valid statute, or other law of the State of blew York, to issue a mandate in the nature of that annexed to the petition, and he prayed for a writ…
2Cases cited2 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- In Re Proceedings Against SearlsNew York Court of Appeals · 1898
3Cited by7 opinions
- Ward Baking Co. v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1923
- In re the Examination of FentonNew York Supreme Court · 1908
- In re CanterNew York Supreme Court · 1903
- Traiger v. SacksCity of New York Municipal Court · 1945
- Benckenstein v. SchottOhio Supreme Court · 1915
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