Matter of Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 14, 1895, which reversed an order of Special Term made in habeas corpus proceedings discharging the appellants from the custody of Z. Taylor Emery, health commissioner of the city of Brooklyn.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 14, 1895, which reversed an order of Special Term made in habeas corpus proceedings discharging the appellants from the custody of Z. Taylor Emery, health commissioner of the city of Brooklyn. The relators alleged in their petition that they were imprisoned, or restrained of their liberty, at their house in the city of Brooklyn, not by virtue of any judgment or process issuing from any court, but upon the order and direction of the respondent, the commissioner of…
1Opinion of the CourtGray, J.
The question presented, like all those which involve the right to restrain the citizen in his personal liberty, or to interfere with his pursuit of a lawful avocation, demands a careful consideration of the provisions of law, under which the right is alleged to be conferred. Where such a right is claimed, it must appear very clearly and satisfactorily, not only that it has been conferred by the law, but, also, that in its exercise the facts were present which justified it. The validity of the law is not so much called in question, as the right to enforce its provisions is. For his authority,…
2Cases cited1 opinion
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
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