People Ex Rel. Doyle v. . Atwell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1921, which reversed an order of Special Term sustaining writs of habeas corpus and discharging the relator from custody. The ordinance in question is unconstitutional. (N. Y. Const, art. 1, §§ 8, 9; Dillon on Mun. Corp. 935; Slaughter House Cases, 16 Wall. 36; People v. Most, 171 N. Y. 423; Ulster Square Dealer, 58 Misc.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1921, which reversed an order of Special Term sustaining writs of habeas corpus and discharging the relator from custody. The ordinance in question is unconstitutional. (N. Y. Const, art. 1, §§ 8, 9; Dillon on Mun. Corp. 935; Slaughter House Cases, 16 Wall. 36; People v. Most, 171 N. Y. 423; Ulster Square Dealer, 58 Misc. Rep. 325; United States v. Cruikshank, 92 U. S. 542; Yick Wo v. Hopkins, 118 U. S. 356; Matter of Frasee, 63 Mich. 396; Chicago v. Trotter, 136 Ill. 430;…
1Opinion of the CourtMcLaughlin, J.
About eight o’clock in the evening of November 2, 1920, the relators were arrested by the police of the city of Mount Vernon while addressing a meeting in the public streets of that city without a permit from the mayor, in violation of an ordinance enacted by the municipal authorities. After their arrest, they were taken before a magistrate, and pending trial each obtained a writ of habeas corpus. Upon the petitions and returns thereto, hearings were had, which resulted in one order sustaining the writs, discharging the relators and reciting that the ordinance under which the arrests were…
2Cases cited19 opinions
- Davis v. MassachusettsSupreme Court of the United States · 1897
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- People Ex Rel. Schwab v. . GrantNew York Court of Appeals · 1891
- People Ex Rel. Hubert v. . KaiserNew York Court of Appeals · 1912
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3Cited by50 opinions
- In Re ConnorCalifornia Supreme Court · 1940
- Ex parte CraigCourt of Appeals for the Second Circuit · 1922
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
- State Ex Rel. Harkow v. McCarthySupreme Court of Florida · 1936
- Wojculewicz v. CummingsSupreme Court of Connecticut · 1956
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