People ex rel. Clarke v. Clarke
New York Supreme Court
On a hearing upon the writ of habeas corpus obtained by Mrs. Mary A. Clarke to compel her husband, Octavius B. E. Clarke, to give to her the custody of her son, Stuart Clarke, fifteen years old, Mrs. Clarke says that while her son, who was living with her in this city and attending school, was out upon an errand he was kidnapped by his father, aided by a detective, and forcibly taken to Troy, where Mr. Clarke resides.
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On a hearing upon the writ of habeas corpus obtained by Mrs. Mary A. Clarke to compel her husband, Octavius B. E. Clarke, to give to her the custody of her son, Stuart Clarke, fifteen years old, Mrs. Clarke says that while her son, who was living with her in this city and attending school, was out upon an errand he was kidnapped by his father, aided by a detective, and forcibly taken to Troy, where Mr. Clarke resides. The preliminary objection was made, on the part of Mr. Clarke, that the judge had no jurisdiction to grant a writ of habeas corpus in Hew York directed to a person in another…
1Opinion of the CourtLawrence, J.
The preliminary objection raised by the defendant’s counsel upon the return to this writ must be overruled. It was held by Mr. justice Harris, in the case of The People on the Relation of Bently agt. Hanna (3 How. Pr., 39), that, under the Revised Statutes, a justice of the', supreme court had power to allow a writ of habeas corpus in. whatever part of the state the prisoner might be detained; and the learned justice refers, in his decision, to the case of Woodruff agt. The People, decided by Mr. justice Willard, *8and also to the case of The People agt. Mercin (8 Paige, 55). The two thousand…
2Cases cited2 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- People ex rel. Bentley v. HannaNew York Supreme Court · 1847