Matter of Quinn
New York Court of Appeals
Appeal by permission from an order of the Appellate Division of the Supreme Court in the second judical department, entered December 7, 1896, which affirmed an order of Special Term in habeas corpus proceedings discharging the respondent from the custody of a marshal of the city of Mew Y ork. The facts, so far as material, are stated in the opinion.
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Appeal by permission from an order of the Appellate Division of the Supreme Court in the second judical department, entered December 7, 1896, which affirmed an order of Special Term in habeas corpus proceedings discharging the respondent from the custody of a marshal of the city of Mew Y ork. The facts, so far as material, are stated in the opinion. Section 22 of article 6 of the Constitution does not restrict the legislature in the exercise of any law-making power vested in it by antecedent provisions. The Constitution makers did not intend to change the tenure of office of the u justices of…
1Opinion of the CourtVann, J.
On the 22d of October, 1895, John Quinn was arrested by Edward A. Murray, a marshal of the city of Mew York, upon a warrant issued by John J. Ryan, claiming to be a police justice of said city, and detained until the 9th of November following, when a writ of habeas corpus in the usual form was issued by a justice of the Supreme Court to inquire into the cause of such detention. By the return of the marshal it appeared that said John J. Ryan was duly appointed a police justice for the city and county of New York prior to the first of January, 1895 ; that he qualified and entered upon the…
2Cases cited2 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
3Cited by11 opinions
- People Ex Rel. Snyder v. . HylanNew York Court of Appeals · 1914
- State Ex Rel. Tamminen v. City of EvelethSupreme Court of Minnesota · 1933
- People v. RodriguezNew York Court of General Session of the Peace · 1958
- Nastasi v. StateNew York Court of Claims · 1949
- People ex rel. Baldwin v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
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