In re Prime
New York Supreme Court
On habeas corpus to discharge Edward Prime, John Ward, and Samuel Ward,'from the custody of the sheriff of the city and county of New-York. . The sheriff returned that he held the defendants in his custody, and under his restraint, under and by virtue of the several warrants, copies of which were annexed to his return.
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On habeas corpus to discharge Edward Prime, John Ward, and Samuel Ward,'from the custody of the sheriff of the city and county of New-York. . The sheriff returned that he held the defendants in his custody, and under his restraint, under and by virtue of the several warrants, copies of which were annexed to his return. Of those warrants, two were issued by the Hon. John W. Edmonds, one of the judges of this court— one upon the application of the Jefferson County Bank, (a) and the other on the application of the Bank of Commerce, in New-York—and three were issued by the Hon. T. J. Oakley,…
1Opinion of the Court
By the Court, Mason, J.
The court, or a majority of the judges, are decidedly of opinion, that in this case we cannot review the regularity of the proceedings had before his honor Judge Edmonds; and that upon the writ of habeas corpus we cannot look beyond the colorable authority of the judge to issue the warrants. We cannot inquire into the technicalities, or the strict regularity of the proceedings. This writ is not intended to review the regularity of the proceedings in any case, but rather to restore to his liberty tbe citizen who is imprisoned without color of law. In these cases we can…
2Cases cited4 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Putnam v. WestcottNew York Supreme Court · 1821
- Bank of the United States v. JenkinsNew York Supreme Court · 1820
3Cited by19 opinions
- Ex parte MooneyWest Virginia Supreme Court · 1885
- Dye v. SkeenWest Virginia Supreme Court · 1950
- Ex parte PrinceSupreme Court of Florida · 1891
- Ex parte WilliamsCalifornia Supreme Court · 1898
- Turner v. ConkeyIndiana Supreme Court · 1892
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