In re Lampert
New York Supreme Court
Appeal by Charles Faendler, from an order discharging the relator, John Lampert, on a habeas corpus, and by Henry Wehle, said Faendler’s attorney, from an order charging him personally with the costs of the said application; and also from so much of another order in the same proceedings as so modifies the taxation of costs- thereon, as to allow the sheriff the sum of $12.75 as fees upon the arrest.
1Opinion of the Court
Barrett, J.:. While Lampert was returning home, after attendance at the Marine Court, in a proceeding -to which 'he was a party, he was arrested upon an execution against his person, issued out of the same court, at the suit of one Faendler.
He thereupon gave bail for the limits, and was discharged. Subsequently a writ of habeas corpus was issued to the sheriff, commanding him to bring Lampert before one of the justices of this court at chambers. The sheriff made return, in substance, that *156he was unable to obey the writ, for the reason' that Lampert was not in his actual custody, being on the…
2Cases cited6 opinions
- Commonwealth v. ChandlerMassachusetts Supreme Judicial Court · 1814
- Metcalf v. . StrykerNew York Court of Appeals · 1864
- Humphrey v. CummingNew York Supreme Court · 1830
- Secor v. BellNew York Supreme Court · 1820
- Martin v. WoodNew York Supreme Court · 1831
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