Legal Opinion

People Ex Rel. Allen v. . Hagan

New York Court of Appeals

Decided February 25, 1902PublishedCited by 32 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered July 9, 1901, which affirmed an order of Special Term overruling a demurrer to the return to a writ of habeas corpus, dismissing such writ and remanding the relators to the custody of the defendant. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtO’Bbrien, J.

The order and judgment from which this appeal was taken dismissed a writ of habeas corpus sued out by the relators, who are detained in custody by the defendant as warden of the city prison of the city of Yew York. The petition upon which the writ was granted alleges that the relators were unlawfully restrained of their liberty and imprisoned by the warden, although innocent of any crime what ever, and it contained a statement of all other jurisdictional facts necessary to authorize a court to inquire concerning the cause of the relators’ imprisonment. The writ was granted by. a Justice of…

2Cases cited6 opinions

  1. People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
  2. People v. . JohnsonNew York Court of Appeals · 1888
  3. Hewitt v. . NewburgerNew York Court of Appeals · 1894
  4. People Ex Rel. Sturgis v. . FallonNew York Court of Appeals · 1897
  5. People Ex Rel. Loughlin v. FinnNew York Court of Appeals · 1882

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3Cited by32 opinions

  1. People ex rel. Frank v. DavisAppellate Division of the Supreme Court of the State of New York · 1903
  2. People ex rel. Sandman v. TuthillAppellate Division of the Supreme Court of the State of New York · 1903
  3. Ford v. StateAppellate Division of the Supreme Court of the State of New York · 1964
  4. State Ex Rel. Burrell-El v. AutreyMissouri Court of Appeals · 1988
  5. People Ex Rel. Howey v. Warden of the City PrisonNew York Court of Appeals · 1913

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