People ex rel. Albert v. Pool
Appellate Division of the Supreme Court of the State of New York
Appeal from special -term. Certiorari, on relation of- Joseph Albert, against Joseph Pool as 'city magistrate. From an order sustaining the writ and ordering that relator be discharged from custody, respondent, appeals.
1Opinion of the CourtIngraham, J.
On the petition of the relator, stating that he was restrained in his liberty within the state of New York, and that an information was laid against him by one Mary Kavanaugh on a charge of grand larceny, and that after an examination held before the appellant, the police magistrate, he was held to answer the charge, a writ of certiorari was granted requiring the magistrate to certify to the court the day and cause of the imprisonment of the relator, together with all testimony taken before him. The magistrate made a return to this writ, from which it appeared that the relator was brought…
2Cases cited2 opinions
- Wales v. WhitneySupreme Court of the United States · 1885
- People ex rel. Smith v. BiggartAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- People ex rel. Maher v. PotterNew York Supreme Court · 1907