In re Da Costa
New York Supreme Court
The circumstances under which this application was made, sufficiently appear in the opinion of the court. 1. The writ of habeas corpus is a substantial right, and not the mere shadow of a right.
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The circumstances under which this application was made, sufficiently appear in the opinion of the court. 1. The writ of habeas corpus is a substantial right, and not the mere shadow of a right. It is a writ ex debito justices, intended to afford an easy, prompt and efficient remedy for all unlawful imprisonment — a writ to which oil persons are entitled in the most expeditious and ample manner, and by which personal liberty is not left to rest for its security upon general and abstract declaration of right— nor allowed to depend upon the arbitrary discretion of any one man. It is a writ, for…
1Opinion of the Court
Edwards, J. —
A writ of habeas corpus was issued by his honor, Judge Edmonds, on the 17th day of July last, directed to Clemente Jose Da Costa, master of the Brazilian bark Lew Branca, commanding him to have the bodies of Jose da Costa and Jose da Rocha, by him imprisoned and detained, as was alleged, together with the cause of such imprisonment and detention, before him, the said judge, at a time and place therein specified. The respondent appeared before Judge Ed-monds, and made his return to the said writ, under oath; to which the said da Costa and da Rocha put in an answer, also under…
2Cases cited1 opinion
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
3Cited by1 opinion
- In re ThomasNew York Court of Common Pleas · 1871