People ex rel. Ryan v. Russel
New York Supreme Court
Mandamus. The relator was committed by a police justice upon a charge of forgery, and applied by his attorney to the city judge of Hew York, for a habeas corpus, on the ground that the commitment was insufficient; The city judge refused to grant the writ, and the relator applied to this court at general term, for a mandamus.
1Opinion of the Court
By the Court.*—Barnard, P. J.
The city judge of the city of Hew York, by the act creating his office, was clothed with all the judicial powers vested by law in the recorder of the city (Laws of 1850, chap. 205, § 3), and was directed by the same section to perform and discharge all judicial duties imposed-*231upon such recorder concurrently with him. The recorder is by.statute vested with the power of a Supreme Court commissioner (2 Rev, Stat., 281, 35). As such, he has power to allow a writ of habeas corpus, returnable before himself, and to take such proceedings upon a return to the writ, as one…
2Cases cited2 opinions
- Yates v. LansingNew York Supreme Court · 1810
- In re NashNew York Supreme Court · 1863