People ex rel. Taylor v. Seaman
New York Supreme Court
Habeas CORPUS and certiorari to inquire into the cause of the detention of the relator. »
1Opinion of the CourtSmith, J.
Upon the 24th day of March, inst, I granted two writs, one of habeas corpus, the other of certiorari, to inquire into the cause of the detention of the relator by the defendant. The writs were returnable before me at Watkins upon the twenty-sixth day of March. Upon the said day the parties appeared, and were heard through counsel in reference thereto. In determining this case it is important to consider several questions :
First. To what right is the relator entitled under the writ of certiorari over and above his rights under the writ of habeas corpus ? Is the writ of certiorari more…
2Cases cited3 opinions
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- People ex rel. Choate v. BarrettNew York Supreme Court · 1890
- Youngs v. YoungsNew York Surrogate's Court · 1882