Matter of Leggat
New York Court of Appeals
Appeal from an order of the Appellate Division of the-Supreme Court in the second judicial department, made January 9, 1900, reversing an order of the Surrogate’s Court of Westchester county adjudging William Y. Molloy, sheriff of said county, guilty of a civil contempt of court and imposing-a line upon him of $250, for that he discharged from the county jail of said county Susie Slater Weeks, committed thereto by the mandate and commitment of said Surrogate’s-Court until…
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Appeal from an order of the Appellate Division of the-Supreme Court in the second judicial department, made January 9, 1900, reversing an order of the Surrogate’s Court of Westchester county adjudging William Y. Molloy, sheriff of said county, guilty of a civil contempt of court and imposing-a line upon him of $250, for that he discharged from the county jail of said county Susie Slater Weeks, committed thereto by the mandate and commitment of said Surrogate’s-Court until she should make payment according to said mandate, without receiving such payment, and dismissing the. proceedings. The…
1Opinion of the CourtLandon, J.
We assume that the sheriff, notwithstanding the informality of his proceedings in obedience to the command qf the writ of habeas corpus issued to him by the county judge of Westchester county, produced the body of Susie Slater Weeks before the judge, and made return thereto that he held her in custody by virtue of the order of the Surrogate’s Court of that county, and a commitment entered by the said Surrogate’s Court upon that order and issued to the sheriff, whereby he was commanded to take the body of Mrs. Weeks and commit her to the common jail of his county, and keep and detain her…
2Cases cited8 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People, Ex Rel. v. . Court of Oyer and TermNew York Court of Appeals · 1886
- The People v. . SturtevantNew York Court of Appeals · 1853
- Ex parte BeattyNew York Supreme Court · 1834
- Develin v. . CooperNew York Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dye v. SkeenWest Virginia Supreme Court · 1950
- In re the Estate of MacElroyNew York Surrogate's Court · 1968
- Levy v. Melody, New York County Courts1906
- People ex rel. Asmus v. MelodyAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Gamaldi v. Warden Kings County JailAppellate Division of the Supreme Court of the State of New York · 1914
6 more not listed; retrieve them via the Exa API.