People ex rel. Bedell v. Kinney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Kinney, sherifi of Niagara county, from an order of the Supreme Court, made- at the Erie Special Term and entered in the office of the cleric of the county of Niagara on the 7th day of May, 1897, upon the return to a writ of habeas corpus, directing that the relator be discharged from imprisonment on the 23d day of July, 1897. Further facts are stated in the dissenting opinion.
1Opinion of the Court
Follett, J.:
The relator was sentenced January 23, 1897; the habeas was issued April 19, 1897 ; and May 7, 1897, the order appealed from was granted and entered, which directed that the relator be discharged July 23, 1897. It is conceded that the part of the judgment adjudging that the relator be imprisoned for six months is legal and regular. The writ of habeas corpus is a writ of liberty, and relief cannot be granted by virtue thereof until the relator is entitled to his liberty. The proceedings were premature, and the writ should have been dismissed. (People ex rel. O'Brien v. Woodworth, 78…
2Cases cited2 opinions
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
- People ex rel. O'Brien v. WoodworthNew York Supreme Court · 1894
3Cited by6 opinions
- People v. StockAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Dawkins v. FrostAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Thompson v. WatersNew York Supreme Court · 1944
- People ex rel. Sheldon v. CurtinAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Sheldon v. CurtinAppellate Division of the Supreme Court of the State of New York · 1912
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