Legal Opinion
People Ex Rel. Shane v. . Gittens
New York Court of Appeals
Decided June 17, 1913PublishedCited by 4 opinions
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 26, 1913, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The relator had been arrested on a warrant charging him with the crime of book making in violation of section 986 of the Penal Law.
1Opinion of the Court
Appeal dismissed because not taken in the name of the People as required by section 2059 of the Code of Civil Procedure (See People ex rel. Breslin v. Lawrence, 107 N. Y. 607); no opinion.
Concur: Cullen, Ch. J., Gray, Willard Bartlett, Hiscock, Chase, Hogan and Miller, JJ.
2Cases cited1 opinion
- People Ex Rel. Breslin v. . LawrenceNew York Court of Appeals · 1888
3Cited by4 opinions
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1917
- People ex rel. Friedman v. KaiserAppellate Division of the Supreme Court of the State of New York · 1930
- Ex parte GotaySupreme Court of Puerto Rico · 1927
- Pickle v. Sheriff of Steuben CountyAppellate Division of the Supreme Court of the State of New York · 1925