Legal Opinion

People ex rel. Price v. Hayes

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1912PublishedCited by 20 opinions

Return of a writ of habeas corpus.

1Opinion of the Court

Woodward, J.:

This is a writ of habeas corpus made returnable before this court, to inquire into the cause of the imprisonment and detention of the relator Price in the New York County Penitentiary.

The writ of habeas corpus is regulated by the Code of Civil Procedure. By section 2016 it is provided that a person is not entitled to the writ “ Where he has been committed, or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction,” and by section 2019 it is prescribed that the petition must state, among other things, that the petitioner…

2Cases cited12 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. O'Donoghue v. . BoiesNew York Court of Appeals · 1899
  3. People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
  4. People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
  5. The People, Ex Rel. v. . KellyNew York Court of Appeals · 1884

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3Cited by20 opinions

  1. People ex rel. Moore v. HuntAppellate Division of the Supreme Court of the State of New York · 1939
  2. Warrin v. HavertyAppellate Division of the Supreme Court of the State of New York · 1913
  3. United States ex rel. Privitera v. KrossDistrict Court, S.D. New York · 1965
  4. People ex rel. Kammerer v. BrophyAppellate Division of the Supreme Court of the State of New York · 1938
  5. People ex rel. Friedman v. HayesAppellate Division of the Supreme Court of the State of New York · 1916

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