People Ex Rel. Briggs v. . Hanley
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1919, which affirmed an order of Special Term sustaining a writ of habeas corpus1 and discharging the relator from custody. The facts, so far as material, are stated in the opinion. The relator Briggs was improperly discharged.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1919, which affirmed an order of Special Term sustaining a writ of habeas corpus1 and discharging the relator from custody. The facts, so far as material, are stated in the opinion. The relator Briggs was improperly discharged. (People v. Dumar, 106 N. Y. 503; People v. Gottschalk, 66 Hun, 64; 137 N. Y. 569; People v. Miller, 169 N. Y. 339; People v. Civille, 44 Hun, 497; People v. Shears, 158 App. Div. 577; People v. Sherman, 133 N. Y. 349; People v. Martin, 175 N. Y.…
1Opinion of the Court
McLaughlin, J.:
On the 24th of July, 1917, upon a charge of criminally receiving stolen property, the relator was committed by a magistrate of the city of Hew York to the city prison to answer to the Court of Special Sessions. She procured a writ of habeas corpus and after a hearing thereon an order was made sustaining the writ and discharging her from custody. On appeal to the Appellate Division the order was affirmed, one of the justices dissenting, and' the People now appeal to this court.
The facts upon which the warrant was issued for the arrest of the relator, and upon which she was held…
2Cases cited6 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Rothschild v. . MackNew York Court of Appeals · 1889
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- People v. . DimickNew York Court of Appeals · 1887
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3Cited by11 opinions
- People v. WoloskyNew York Court of Appeals · 1947
- In re the Estate of AcclesNew York Surrogate's Court · 1934
- Commonwealth v. WheelerSuperior Court of Pennsylvania · 1920
- People v. . AtwaterNew York Court of Appeals · 1920
- State v. KeyCourt of Appeals of Arizona · 1978
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