Legal Opinion

People ex rel. Heilbronner v. Hoster

New York Court of Common Pleas

Decided March 15, 1873Published

The relator obtained a writ of habeas corpus requiring the respondent to produce the body of Louis Heilbronner, an illegitimate child, born of her, in the city of Albany, some six months previous to the proceedings. The relator returned that the child was in his custody. The relator further stated— That said Hoster is a married man, but has no children born to him; that he has sufficient means to properly and suitably support, bring up and maintain said infant Louis.

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The relator obtained a writ of habeas corpus requiring the respondent to produce the body of Louis Heilbronner, an illegitimate child, born of her, in the city of Albany, some six months previous to the proceedings. The relator returned that the child was in his custody. The relator further stated— That said Hoster is a married man, but has no children born to him; that he has sufficient means to properly and suitably support, bring up and maintain said infant Louis. That said infant Louis was kept in the immediate and particular care of said Hosier’s wife Annie, who is strong and healthy in…

1Opinion of the Court

Greene, Recorder.

Judicial officers of cities, among- whom are recorders, are recognized in the amended 6th article of the constitution (§ 18, last clause ; 7 Edm., 815), also in the constitution of 1846 (art. 6, § 18), and in both, the mode of their election or appointment is provided for. In the constitution of 1822 (art. 5, § 6) they are recognized by name. The legislature, February 25, 1812 (§ 11), conferred upon the recorders of New York, Albany, and Hudson the powers of supreme court judges at chambers. The same powers were again conferred upon the recorder of Albany by section 10 of…

2Cases cited11 opinions

  1. Wilcox v. . WilcoxNew York Court of Appeals · 1856
  2. Crawford v. MorrellNew York Supreme Court · 1811
  3. Wright v. WrightMassachusetts Supreme Judicial Court · 1806
  4. People Ex Rel. Barbour v. . GatesNew York Court of Appeals · 1870
  5. Robalina v. ArmstrongNew York Supreme Court · 1852

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