Legal Opinion · Dissent

People ex rel. Folk v. McNulty

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

Decided January 16, 1939Published

1DissentMcNamee, J.

This is an appeal from an order of the Trial Term sustaining a writ of habeas corpus issued on the application of the relator who at that time was twice under arrest on a single charge of misdemeanor. The relator acknowledges that the first proceeding and arrest were regular, and were within a proper exercise of the jurisdiction of a tribunal to which exclusive jurisdiction, in the first instance, was granted by statute. But she contests the second arrest on the grounds that it was made without jurisdiction, and in any event was unwarranted by the laws of this State.

*93Information was laid…

2Cases cited8 opinions

  1. People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
  2. People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
  3. People v. MonahanNew York Court of Appeals · 1931
  4. City of New York v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1936
  5. Matter of City of New York v. MaltbieNew York Court of Appeals · 1937

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