People ex rel. Bungart v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Peter J. Bungart, from or. order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 16th day of July, 1900, dismissing a writ of habeas corpus" issued to . the sheriff of the county of Suffolk and remanding one George L. Wright to the custody of the defendant, and also from an order bearing date the 12th day of July, 1900, and entered .in said clerk’s office, made on the…
Read the full summary
Appeal by the relator, Peter J. Bungart, from or. order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 16th day of July, 1900, dismissing a writ of habeas corpus" issued to . the sheriff of the county of Suffolk and remanding one George L. Wright to the custody of the defendant, and also from an order bearing date the 12th day of July, 1900, and entered .in said clerk’s office, made on the return, to said writ, overruling the demurrer of the relator to the return of the sheriff to said writ, and also from an…
1Opinion of the Court
Jenks, J.:
This case presents a question of right upon a writ of habeas • corpus, which is well .termed the greatest writ of the common law, *141because it assures and secures personal liberty by simple and direct process available to every citizen. Its place is above debate and. dissension. Hume, who wrote hatred of Whigism into history, wrote: “ This law seems necessary for the protection of liberty in a mixed monarchy. As it has not place in any other form of government, this consideration alone may induce us to prefer our present constitution to all others.” Junius, the friend of Wilkes, wrote…
2Cases cited16 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- People v. . WestNew York Court of Appeals · 1887
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
- People ex rel. Farley v. CraneAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Willett v. QuinnAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Smith v. Van De CarrAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Lanci v. O'ReillyAppellate Division of the Supreme Court of the State of New York · 1908
16 more not listed; retrieve them via the Exa API.