Davison's Case
New York Supreme Court
Application on habeas corpus for discharge from imprisonment. Judgment was rendered in this action, on a report of referee, that the defendants specifically perform their contract with the plaintiffs, and convey to them a house and lot in Twenty-sixth-street, New York (now estimated to be worth $12,000), and for which the plaintiffs had principally paid. This judgment was rendered by the court on the 7th day of May, 1856, and was not appealed from.
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Application on habeas corpus for discharge from imprisonment. Judgment was rendered in this action, on a report of referee, that the defendants specifically perform their contract with the plaintiffs, and convey to them a house and lot in Twenty-sixth-street, New York (now estimated to be worth $12,000), and for which the plaintiffs had principally paid. This judgment was rendered by the court on the 7th day of May, 1856, and was not appealed from. A certified copy of this judgment was personally served on the defendants, with a summons to attend before the referee, Mr. Cambreleng, to carry…
1Opinion of the CourtIngraham, J.
—The prisoner applies, on habeas corpus, -to be discharged from imprisonment.
It appears that he was committed by the justice presiding at special term for a contempt, in not complying with a j udgment of this court.
The commitment is proven in the case, and was made by the Supreme Court at special term. It states the contempt, and the cause for which the prisoner was adjudged to be in contempt specially, and there is no doubt that the cause of commitment was one within the powers and authority of the court. And the objection is taken that it is the duty of the officer, on habeas corpus, to…
2Cases cited2 opinions
- People v. HicksNew York Supreme Court · 1853
- Kahn's CaseThe Superior Court of New York City · 1860
3Cited by4 opinions
- Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
- In re Morris for a writ of Habeas CorpusSupreme Court of Kansas · 1888
- People ex rel. Allen v. WagnerNew York Supreme Court · 1921
- Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889