Legal Opinion

People ex rel. Johnson v. Webster

New York Supreme Court

Decided December 28, 1895PublishedCited by 14 opinions

Appeal from order of Monroe county court. Application by Louis Johnson for a writ of habeas corpus techarles A. Webster, as superintendent of the Monroe county penitentiary. From an order made on the return of the writ discharging relator from custody, defendant appeals.

1Opinion of the CourtBradley, J.

The relator was imprisoned in the Monroe County Penitentiary by virtue of a certificate of conviction made by a justice of the peace of that county on the charge of assault in the third degree upon one William Pffarr, by which certificate it appears that it was adjudged that he be imprisoned in the Monroe-County Penitentiary for a period not exceeding 180 days. To the-return of the defendant to the writ of habeas corpus that the relator was in custody by virtue of the warrant of commitment or certificate before mentioned, the relator answered and demurred to-the effect that the return…

2Cases cited4 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. The People, Ex Rel. v. . KellyNew York Court of Appeals · 1884
  3. People ex rel. Lotz v. NortonNew York Supreme Court · 1894
  4. People ex rel. Cook v. SmithNew York Supreme Court · 1889

3Cited by14 opinions

  1. People ex rel. Smith v. McFarlineAppellate Division of the Supreme Court of the State of New York · 1900
  2. People v. Mittleman, New York County Courts1934
  3. People ex rel. Quigley v. MarsdenNew York Supreme Court · 1946
  4. People v. Glowacki, New York County Courts1940
  5. People ex rel. Day v. ReeseNew York Surrogate's Court · 1898

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