People Ex Rel. Hackley v. Kelly
New York Court of Appeals
The first case was an appeal from a judgment of the Supreme Court, by which Hackley,' the relator, was remanded to the custody of the sheriff, after a hearing of his case upon a return to a writ of habeas corpus, issued at his instance to the said sheriff.
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The first case was an appeal from a judgment of the Supreme Court, by which Hackley,' the relator, was remanded to the custody of the sheriff, after a hearing of his case upon a return to a writ of habeas corpus, issued at his instance to the said sheriff. The other was an appeal from the judgment of the same court, dismissing a certiorari which Hackley had procured to be issued to the Court of General Sessions of the city and county of Hew York, to review an order of that court, adjudging him guilty of a criminal contempt, and to be imprisoned therefor the term of thirty days ; from which…
1Opinion of the Court
Dentó, J.
As a general rule, the propriety of a commitment for contempt is not examinable in any other court than the one by which it was awarded. This is especially true where the proceeding by which it is sought to be questioned is a writ of habeas corpus; as the question on the validity of the judgment then arises collaterally, and not by the way of review. The habeas corpus act, moreover, declares that where the detention of the party seeking to be discharged by habeas corpus appears to be for any contempt, plainly and .specially charged in the commitment, ordered by a court of competent…
2Cases cited3 opinions
- People v. MatherNew York Supreme Court · 1830
- People v. GoodwinNew York Supreme Court · 1820
- Perrine v. StrikerNew York Court of Chancery · 1839
3Cited by121 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- Harris v. United StatesSupreme Court of the United States · 1965
- Brown v. United StatesSupreme Court of the United States · 1959
- Matter of RoussNew York Court of Appeals · 1917
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