Yates v. Lansing
Court for the Trial of Impeachments and Correction of Errors
THIS cause came before the court, on a writ of error from the supreme court. The plaintiff brought an action of debt, in the court below, to recover the penalty of 1,250 dollars, under the 5th section of the- habeas corpus act. The defendant pleaded specially, and there was a demurrer to the plea, on which the court below gave judgment for the defendant. See 5 Johns. Rep. p. 282—299. The counsel .declined arguing the demurrer in the court below.
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THIS cause came before the court, on a writ of error from the supreme court. The plaintiff brought an action of debt, in the court below, to recover the penalty of 1,250 dollars, under the 5th section of the- habeas corpus act. The defendant pleaded specially, and there was a demurrer to the plea, on which the court below gave judgment for the defendant. See 5 Johns. Rep. p. 282—299. The counsel .declined arguing the demurrer in the court below. The following is á brief statement of the arguments in the court of errors:
1Opinion of the Court
Lewis, Senator, was of opinion that the judgment of the supreme court ought to be affirmed, and gave his reasons at length. (a)
Platt, Senator.
In examining this interesting case, two cardinal points are presented:
1. Had the chancellor a right to recommit the plaintiff after the discharge by Mr. Justice Spencer ?
2. If he had no such right, is he liable for the penalty now claimed?
The consideration of the first question involves an inquiry :
1. Whether the original commitment by the chancellor was legal ?
*4152. Whether Mr. Justice Spencer had a right to revise the adjudication of the chancellor, in…
2Cited by89 opinions
- In Re ChapmanSupreme Court of the United States · 1897
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- Jack R. Harper v. Arden Mays MerckleCourt of Appeals for the Fifth Circuit · 1981
- Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
- State v. Frew & HartWest Virginia Supreme Court · 1884
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