People ex rel. Mittlemann v. Fitzgerald

The relator, detained in the Queens County Jail, pursuant to an order and warrant of commitment issued out of the Surrogate’s Court of New York County, has instituted this habeas corpus proceeding to be discharged from imprisonment.

The following facts appear without contradiction: The relator was one of the executors of the estate of the late Sam Bernard. On or about July 13, 1939, a petition was filed in the Surrogate’s Court of New York County to remove the executors, revoke their letters and compel them to account. The relator did not contest the proceeding — he merely appeared by an…