People ex rel. Stetzer v. Rawson
New York Supreme Court
OH the 18th day of January, 1871, the relator was brought before the respondent by Alexander McWhorter, on a writ of habeas corpus issued by the respondent, and directed to said McWhorter. McWhorter made a return to the writ, that he was superintendent of Monroe county penitentiary, and that he held the relator in costody by virtue of a warrant of commitment issued by Alpheus S. Clark, a justice of the peace of the town of Penfield, which warrant was attached to'his return.
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OH the 18th day of January, 1871, the relator was brought before the respondent by Alexander McWhorter, on a writ of habeas corpus issued by the respondent, and directed to said McWhorter. McWhorter made a return to the writ, that he was superintendent of Monroe county penitentiary, and that he held the relator in costody by virtue of a warrant of commitment issued by Alpheus S. Clark, a justice of the peace of the town of Penfield, which warrant was attached to'his return. The warrant of commitment was directed to the “ keeper” of the penitentiary; and in the body of it are these words: “…
1Opinion of the Court
By the Court, Johnson, J.
The question presented by this certiorari and the return thereto is, whether the special county judge should have discharged the relator when brought before him on the writ of habeas corpus. On the return to such a writ, it is well settled that the party imprisoned may inquire into the jurisdiction of the tribunal by which he was committed, and if he is able to show that such tribunal had no jurisdiction to try, convict, or commit, he is entitled to his discharge. (The People v. Oassels, 5 Hill, 164. The People v. McLeod, 1 id. 377. Matter of Divine, 21 How. Pr. 80.…
2Cases cited8 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Keyser v. HarbeckThe Superior Court of New York City · 1854
- Shay v. . the PeopleNew York Court of Appeals · 1860
- Jones v. New York & Erie Rail RoadNew York Supreme Court · 1859
- People v. BerberrichNew York Supreme Court · 1855
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3Cited by16 opinions
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- In Re NottinghamSupreme Court of Colorado · 1928
- People Ex Rel. Loughlin v. FinnNew York Court of Appeals · 1882
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1973
- KozlowskyMassachusetts Supreme Judicial Court · 1921
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