State ex rel. Gehrmann v. Osborne
New Jersey Court of Chancery
Tliis is a hearing upon a writ of habeas corpus issued by me under the statute. The petition of Johanna G-ehrmann set forth that she was imprisoned at the state prison in Trenton; that the cause or pretence of her confinement was a commitment issued out of the court of quarter sessions of the county of Hudson, a copy of which was annexed, and that the imprisonment was illegal because the said court had no jurisdiction to make the judgment contained in the commitment, because…
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Tliis is a hearing upon a writ of habeas corpus issued by me under the statute. The petition of Johanna G-ehrmann set forth that she was imprisoned at the state prison in Trenton; that the cause or pretence of her confinement was a commitment issued out of the court of quarter sessions of the county of Hudson, a copy of which was annexed, and that the imprisonment was illegal because the said court had no jurisdiction to make the judgment contained in the commitment, because there was a plea of non vult entered on the 28th of April, 1909, for a high misdemeanor, sentence was suspended, and…
1Opinion of the Court
Garrison, Y. C.
(after stating facts).
The questions presented are of importance not only to the prisoner but to the public, and I have given the matter much time and consideration.
*434The first question, of course, is whether a proper case is presented for the application of the jurisdiction exercisable under the writ of habeas corpus. It is familiar law that a writ of habeas corpus is not properly usable to take the place of a writ of error. Our statute concerning habeas corpus specifically provides (Gen. Stat. p. 1622 § 2)—
“that the following persons shall not be entitled to prosecute such writ:…
2Cases cited20 opinions
- Ex Parte ParksSupreme Court of the United States · 1876
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- People v. BrownMichigan Supreme Court · 1884
- State v. AbbottSupreme Court of South Carolina · 1911
- Marks v. WentworthMassachusetts Supreme Judicial Court · 1908
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. McCoyIdaho Supreme Court · 1971
- Peel v. StateDistrict Court of Appeal of Florida · 1963
- United States Ex Rel. Auld v. Warden of New Jersey State PenitentiaryCourt of Appeals for the Third Circuit · 1951
- Kravis v. HockSupreme Court of New Jersey · 1947
- Dancer v. StateCourt of Appeals of Alaska · 1986
24 more not listed; retrieve them via the Exa API.