People Ex Rel. Curtis v. . Kidney
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1918, which unanimously affirmed an order of the Cayuga County Court dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. An appeal properly lies to this court. Constitutional questions are involved. (Meigan v. Row, 166 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1918, which unanimously affirmed an order of the Cayuga County Court dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. An appeal properly lies to this court. Constitutional questions are involved. (Meigan v. Row, 166 App. Div. 175; 216 N. Y. 677; Halpern v. Sanjorasck Bros., 169 App. Div. 468; People ex rel. Buckbee v. Biggs, 171 App. Div. 373; Chandler v. Avery, 47 Hun, 9; People v. Calabur, 91…
1Opinion of the CourtCollin, J.
Marquis Curtis, confined in the prison at Auburn under conviction and sentence, secured the writ of habeas corpus to inquire into the cause of his detention, returnable on April 1, 1918, before the county judge of Cayuga county. The County Court, after a hearing, by an order, dismissed the writ and remanded him. The Appellate Division, upon his appeal, by its order entered June 5, 1918, unanimously affirmed the order of the County Court. The appeal here is from the order of affirmance.
At the outset, we must determine whether or not we have the power or jurisdiction to review the unanimous…
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