Legal Opinion

People ex rel. Gegliardi v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 1 opinion

Appeal by Samuel 0. Miller, sheriff of the county of Westchester, and others, from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 20th day of July, 1903, sustaining a writ of habeas corpus theretofore granted upon the application of the relator and (discharging one Orazio Gegliardi from imprisonment under an execution issued against his person by a justice of the peace of the city of Mount Yernon.

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Appeal by Samuel 0. Miller, sheriff of the county of Westchester, and others, from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 20th day of July, 1903, sustaining a writ of habeas corpus theretofore granted upon the application of the relator and (discharging one Orazio Gegliardi from imprisonment under an execution issued against his person by a justice of the peace of the city of Mount Yernon. The petition in this case was made by Antonio Gegliardi on behalf of his brother Orazio Gegliardi.

1Opinion of the Court

Willard Bartlett, J.:

Philip Stromberg was . a'resident of the city of Mew York. Orazio Gegliardi was a resident of the city of Yonkers. Stromberg brought an action against Gegliardi before a justice of the peace in the city of Mount Vernon. The justice rendered judgment against Gegliardi and issued an execution against his person, upon which Gegliardi was committed to the county jail of Westchester county. The county judge, upon a writ of habeas corpus, has discharged Gegliardi from imprisonment under this execution ; and Stromberg, the plaintiff in the execution,; has appealed. The sheriff…

2Cases cited1 opinion

  1. Dodd v. EckerAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Schwartz v. PalmAppellate Division of the Supreme Court of the State of New York · 1914

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