People v. Rhoner
New York Supreme Court
This case came before Mr. Justice Sutherland, on habeas corpus, at chambers. At the same time that the writ of habeas corpus was issued to the warden of the city prison to bring up the body of the prisoner, Henry Bhoner, writs of certiorari were issued to James H. Welsh, the police justice who committed the prisoner, and to Joseph Blunt, Esq., the district attorney of the city and county of New York, commanding them severally to6 certify the day and the cause of the…
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This case came before Mr. Justice Sutherland, on habeas corpus, at chambers. At the same time that the writ of habeas corpus was issued to the warden of the city prison to bring up the body of the prisoner, Henry Bhoner, writs of certiorari were issued to James H. Welsh, the police justice who committed the prisoner, and to Joseph Blunt, Esq., the district attorney of the city and county of New York, commanding them severally to6 certify the day and the cause of the imprisonment of Bhoner. Justice Welsh returned to the certiorari directed to him, that he took a certain complaint, under oath,…
1Opinion of the CourtSutherland, J.
Without passing upon the question of the regularity of the writs of certiorari and habeas corpus issuing at the same time, or of the writs of certiorari issuing to the district attorney and to Justice Welsh, in this case, inasmuch as the complaint and depositions upon which the prisoner was committed, have been- actually returned by the district attorney, and are before me, and the prisoner asks to make them a part of his answer to the return to the habeas corpus, I shall consider the complaint and testimony before the committing magistrate properly before me, and look into them to see…
2Cases cited1 opinion
- People v. RyndersNew York Supreme Court · 1834
3Cited by2 opinions
- People v. FuryNew York Court of Appeals · 1939
- In re NeuwirthAppellate Division of the Supreme Court of the State of New York · 1972