Bennac v. People
New York Supreme Court
This was a certiorari to John Willard, circuit judge of the 4th circuit, to review a decision made by him under the habeas corpus act, on the 12th June, 1846, refusing to discharge the plaintiff in error from custody under a warrant issued by a justice of the peace, committing him to jail as a disorderly person.
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This was a certiorari to John Willard, circuit judge of the 4th circuit, to review a decision made by him under the habeas corpus act, on the 12th June, 1846, refusing to discharge the plaintiff in error from custody under a warrant issued by a justice of the peace, committing him to jail as a disorderly person. From the return of the judge it appeared that on the 11th June, 1846, Bennae presented a petition to the judge, duly verified, setting forth that he was restrained of his liberty by William Crossett, a constable of Warren county, and setting forth a copy of the warrant by which he was…
1Opinion of the Court
By the Court, Willard, J.
The counsel for Bennac did not traverse the return of Crossett, the constable, to the habeas corpus, or allege any fact aliunde the return to show either that the imprisonment was illegal, or that he was entitled to his discharge. The 48th section of the habeas corpus act, (2 R. S. 569,) was doubtless mainly intended for cases where the party is restrained of his liberty without the authority of legal process. (Per Bronson, Ch. J. in The People v. Cassels, 5 Hill, 168.) “ In such cases,” he observes, “ the return is usually made by a person having an interest in the…
2Cases cited1 opinion
- In re ClarkNew York Supreme Court · 1832
3Cited by21 opinions
- Ex parte MooneyWest Virginia Supreme Court · 1885
- Turner v. ConkeyIndiana Supreme Court · 1892
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- Case of the Twelve CommitmentsNew York Court of Common Pleas · 1865
- In re BakerNew York Supreme Court · 1855
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