People Ex Rel. Hill v. . Hesterberg
New York Court of Appeals
Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 29,1905, which reversed an order of Special Term quashing a writ of habeas corpus and directing that the relators be discharged from the custody of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the second judicial department, entered FTovember 29,1905, which reversed an order of Special Term quashing a writ of habeas corpus and directing that the relators be discharged from the custody of the defendant. The facts, so far as material, are stated in the opinion. The provisions of the Forest, Fish and Game Law prohibiting the possession of plover and grouse during the close season apply to all kinds and varieties of plover and grouse, whether produced in this state or…
1Opinion of the Court
Cullen, Ch. J.
The relators were arrested on warrants charging them with a violation of the Game Law. They sought discharge from their arrest by writs of habeas corpus. On the return to those wilts they were remanded to custody. On appeal to the Appellate Division the orders of the Special Term were reversed and the relators discharged from custody. From those orders these appeals are taken. As the affidavits on which the warrants for the arrest of the relators were issued differ materially in their statements of facts, we will first consider the one made in the Hill case. The affidavit avers…
2Cases cited9 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- In Re RahrerSupreme Court of the United States · 1891
- Ex parte MaierCalifornia Supreme Court · 1894
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Magner v. PeopleIllinois Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
- New York Ex Rel. Silz v. HesterbergSupreme Court of the United States · 1908
- People v. . Charles Schweinler PressNew York Court of Appeals · 1915
- People v. . FrudenbergNew York Court of Appeals · 1913
- Dieterich v. . FargoNew York Court of Appeals · 1909
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