In re Deming
New York Supreme Court
^ MOTION was made in behalf of Deming for the allowance . 4 ® of a writ of habeas corpus to bring up his mfant children, in the custody of their mother and one J. 8. ^ appeared that Deming, in June, 1810, was convicted of passing counterfeit money, and sentenced to the state prison for life, having, at the time, a wife and two children, and some property.
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^ MOTION was made in behalf of Deming for the allowance . 4 ® of a writ of habeas corpus to bring up his mfant children, in the custody of their mother and one J. 8. ^ appeared that Deming, in June, 1810, was convicted of passing counterfeit money, and sentenced to the state prison for life, having, at the time, a wife and two children, and some property. By the statute, (sess. 24. c. 58. s. 10.) persons adjudged to imprisonment for life, in the state prison, are declared to be , civilly dead to all intents and purposes in law.” In January, 1811, his wife married a second husband; and in…
1Per curiam
The court do not mean to preclude a further and more full consideration of the question on the return of the habeas corpus, if the parties should not, in the mean time, accommodate and preclude its return; but,the present impression of the court is in favour of the applicant’s right, and the following reasons have occurred: No conviction under our law works corruption of blood, or forfeiture of property, except in cases of treason. The effect of the pardon was to acquit the offender of all the penalties annexed to the conviction, and to give him a new credit and capacity. The limitation to…
2Cited by18 opinions
- Knote v. United StatesSupreme Court of the United States · 1877
- Avery v. . EverettNew York Court of Appeals · 1888
- In the Matter of ____, an AttorneyNew York Court of Appeals · 1881
- State v. FoleyNevada Supreme Court · 1880
- Roberts v. StateAppellate Division of the Supreme Court of the State of New York · 1898
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