People ex rel. Fitch v. Mead
New York Supreme Court
The writ was allowed by one of the justices of this court, and made returnable in special term. The petition upon which the writ of habeas corpus was granted, states that the relator is imprisoned by the sheriff of Cayuga county, upon a process or commitment issued by the county judge of Cayuga, as for a contempt on the part of the relator in refusing to answer certain questions put to him on his examination on supplemental proceedings before said judge.
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The writ was allowed by one of the justices of this court, and made returnable in special term. The petition upon which the writ of habeas corpus was granted, states that the relator is imprisoned by the sheriff of Cayuga county, upon a process or commitment issued by the county judge of Cayuga, as for a contempt on the part of the relator in refusing to answer certain questions put to him on his examination on supplemental proceedings before said judge. It appears from the petition and proceedings, that a judgment was duly recovered by the Auburn Exchange Bank against the relator, in the…
1Opinion of the CourtE. Darwin Smith, J.
The return to this writ of habeas corpus, shows that the relator is imprisoned by the sheriff of Cayuga county upon a process for a contempt, specially and plainly charged in the commitment, issued by the county judge of Cayuga county, an officer clearly having authority to commit for the contempt so charged. By the 41st section of the habeas corpus act, it is provided that when it appears by the return that -the prisoner is in custody in such case, he can only be discharged from such imprisonment in one of five cases therein specified, none of which is applicable to this case except the…
2Cited by5 opinions
- Flint v. WebbSupreme Court of Minnesota · 1878
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- In re Morris for a writ of Habeas CorpusSupreme Court of Kansas · 1888
- Smith v. CutterAppellate Division of the Supreme Court of the State of New York · 1901
- Denison v. Jackson Bros. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913