In re Percy
New York Court of Common Pleas
The relator, Percy, an attorney, was, by the order of Justice Barnard; of the Supreme Court, committed to the county jail for thirty days; for contemptuous conduct in the view and presence of the court. He sued out a writ of habeas corpus in the Court of Common Pleas, and moved for his discharge upon the ground that the order for his committal was illegal and void.
1Opinion of the Court
Daly, F. J.
It is declared by statute that if it appear by the return to a writ of habeas corpus that the party suing out the writ is in custody for any contempt specially and plainly charged in the commitment, by some court, officer, or body having authority to commit for contempt so charged, that the officer granting the writ shall immediately remand the party (2 Rev. Stat. 567, p. 40). And it is further provided that no court or officer shall have power to inquire into the justice or propriety of any commitment for a contempt made by any court, officer, or body according to law, and charged…
2Cases cited1 opinion
- Russell v. HubbardNew York Supreme Court · 1849
3Cited by5 opinions
- Ex parte GoodinSupreme Court of Missouri · 1878
- Berkon v. MahoneyNew York Supreme Court · 1943
- In re TaylorNew York Supreme Court · 1894
- Falkenberg v. FrankCity of New York Municipal Court · 1897
- In re TaylorCourt Of Oyer And Terminer New York · 1894