Yates v. People
New York Supreme Court
THIS cause came before this court, on a writ of error directed to the supreme court. On the 5th of February, 1810, the following order was , moved ; “ On reading and filing the affidavit of Mr. Rodman, of counsel for the plaintiff in error, ordered, that the justices of the supreme court of judicature forthwith make 1 u _ return to the writ of error allowed and filed in this case, r , . according to the exigency oi the writ.
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THIS cause came before this court, on a writ of error directed to the supreme court. On the 5th of February, 1810, the following order was , moved ; “ On reading and filing the affidavit of Mr. Rodman, of counsel for the plaintiff in error, ordered, that the justices of the supreme court of judicature forthwith make 1 u _ return to the writ of error allowed and filed in this case, r , . according to the exigency oi the writ. The consideration of the motion was postponed j and on the 13th of February, the Court took into consideration the order as moved for by Mr. Rodman, on the 5th instant;…
1Opinion of the CourtYates, J.
The question for the determination of this court is, whether a writ of error will lie on the proceedings had before the supreme court, on the habeas corpus, allowed by that court.
The writ of habeas corpus is the most usual and proper remedy to be relieved against a wrongful imprisonment ; and in order to prevent vexatious delay,' it is, by statute, made the duty of the chancellor, or justice of the supreme court, to whom application shall be made, to allow it, and examine into the cause of commitment.
In this case, Mr. Tates, after having been twice discharged by a justice of the supreme…
2Cited by71 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
- State v. Frew & HartWest Virginia Supreme Court · 1884
- Taylor v. WilliamsTexas Supreme Court · 1863
- Whittem v. StateIndiana Supreme Court · 1871
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