Yates v. Lansing
New York Supreme Court
THIS was an action, of debt, brought against the defendant, (who is chancellor of the state,) to recover the penalty of 1,250 dollars, under the fifth section of thehabeas corpus act, which declares, u that no person who shall be set at large upon any habeas corpus shall be again imprisoned for the same offence, unless by the legal order or process of the court wherein he is bound by recognisance to appear, or other court having jurisdiction of the cause ; and that if any…
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THIS was an action, of debt, brought against the defendant, (who is chancellor of the state,) to recover the penalty of 1,250 dollars, under the fifth section of thehabeas corpus act, which declares, u that no person who shall be set at large upon any habeas corpus shall be again imprisoned for the same offence, unless by the legal order or process of the court wherein he is bound by recognisance to appear, or other court having jurisdiction of the cause ; and that if any person shall knowingly, contrary to this act, recommit or imprison, or cause to be recommitted or imprisoned, for the same…
1Opinion of the Court
Kent, Ch. J.
There is a point of very great importance, arising on the pleadings in this cause, which was not argued or decided in the case of Mr. Tates, on the habeas corpus ; that is, whether the chancellor, while acting officially and judicially, is responsible, in this action, for what he has done as chancellor.
Kent, Ch. J.
I consider the point as of so much importance that I shall not express my judgment on the demurrer, without bestowing some further consideration *287on the case, and stating the reasons and grounds of the opinion I may form, at length; particularly after the inci .i •ion,…
2Cited by117 opinions
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- Kalina v. FletcherSupreme Court of the United States · 1997
- Spalding v. VilasSupreme Court of the United States · 1896
- John Houston Sellars v. Raymond K. ProcunierCourt of Appeals for the Ninth Circuit · 1981
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