People ex rel. Overseers of the Poor of Hastings v. Stowell
New York Supreme Court
Certiorari to a supreme court commissioner to remove proceedings on habeas corpus. The writ of habeas corpus was directed to a constable of the county of Oswego, who brought Stowell before the commissioner, and returned that he had him in custody by virtue of a warrant of two justices of the peace of said county, a copy of which was annexed to the writ and return.
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Certiorari to a supreme court commissioner to remove proceedings on habeas corpus. The writ of habeas corpus was directed to a constable of the county of Oswego, who brought Stowell before the commissioner, and returned that he had him in custody by virtue of a warrant of two justices of the peace of said county, a copy of which was annexed to the writ and return. The warrant of the justices was dated January 3, 1845, and recited an order of filiation which had that day been made by the justices, by which Stowell was adjudged -to be the reputed father of a child likely to be bom a bastard, of…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The statute provides in express terms, that the person adjudged to he the reputed father shall, upon notice of the order, immediately pay the amount certified for the costs of apprehending him, and of the order of filiation; and shall enter into a bond with one of two specified conditions. And further, that if he refuse or neglect to execute a bond, or to pay the costs, he shall be committed by the justices. (1 R. S. 645, §§ 14, 15.) It is true that the 15th section commences by saying, that “ upon such bond being executed to the satisfaction of the justices, they…
2Cited by2 opinions
- Stowell v. OverseersNew York Supreme Court · 1847
- People v. JayneNew York Supreme Court · 1858