Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 18 (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...Octoieri820. rather to the case where the defendant is entitled to relief Bakkoku.s. ugainst the judgment, than to a case of mere irregularity in. Tthe issuing of an execution. (2 Saund. 14S. n. 1. 1 Comyn's ' Dig. Audita Querela, (A.) 1 Bac. Abr. Audita Querela. (A.) (B.) Spencer, Ch. J. The court have, no doubt, more extensive powers than a judge in vacation, in regard to writs of habeas corpus. We allow the writ, though we do not well see what effect it is to have. The defendant was, afterwards, on the last day of the term, brought up on the habeas corpus, to which the sheriff returned, that he held the defendant in his custody, by virtue of a writ of test. ca. sa. issued out of this court, and directed to him in 309 the above cause. SiU moved, that the defendant be discharged; and stated, that the court had power to examine into facts dehors the return. To show this, he read the preamble to the " act to amend the act, entitled, an act to prevent unjust imprisonment, by securing the benefit of the writ of habeas corpus," passed the 21st of April, ISIS, which says, among other things, that " whereas doubts are also entertained whether returns made to writs of habeas corpus issued under the said act, are traversable, or examinable by facts dehors the return." Spencer, Ch. J. I do not consider that statute as applying to this court in term time. The court have no doubt as to their powers. The only question is, whether the writ of habeas corpus is the proper remedy. Talcot, for the plaintiffs. The proper mode of proceeding on the part of the defendant, to be relieved from this imprisonment, was the one pursued by him on the first day of the term, that is, by motion, and which was granted to him, on terms. He has refused to comply with tho...

R813

Or split into 4x interest-free payments of 25% on orders over R50
Learn more

Discovery Miles8130
Mobicred@R76pm x 12* Mobicred Info
Free Delivery
Delivery AdviceOut of stock

Toggle WishListAdd to wish list
Review this Item

Product Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 Excerpt: ...Octoieri820. rather to the case where the defendant is entitled to relief Bakkoku.s. ugainst the judgment, than to a case of mere irregularity in. Tthe issuing of an execution. (2 Saund. 14S. n. 1. 1 Comyn's ' Dig. Audita Querela, (A.) 1 Bac. Abr. Audita Querela. (A.) (B.) Spencer, Ch. J. The court have, no doubt, more extensive powers than a judge in vacation, in regard to writs of habeas corpus. We allow the writ, though we do not well see what effect it is to have. The defendant was, afterwards, on the last day of the term, brought up on the habeas corpus, to which the sheriff returned, that he held the defendant in his custody, by virtue of a writ of test. ca. sa. issued out of this court, and directed to him in 309 the above cause. SiU moved, that the defendant be discharged; and stated, that the court had power to examine into facts dehors the return. To show this, he read the preamble to the " act to amend the act, entitled, an act to prevent unjust imprisonment, by securing the benefit of the writ of habeas corpus," passed the 21st of April, ISIS, which says, among other things, that " whereas doubts are also entertained whether returns made to writs of habeas corpus issued under the said act, are traversable, or examinable by facts dehors the return." Spencer, Ch. J. I do not consider that statute as applying to this court in term time. The court have no doubt as to their powers. The only question is, whether the writ of habeas corpus is the proper remedy. Talcot, for the plaintiffs. The proper mode of proceeding on the part of the defendant, to be relieved from this imprisonment, was the one pursued by him on the first day of the term, that is, by motion, and which was granted to him, on terms. He has refused to comply with tho...

Customer Reviews

No reviews or ratings yet - be the first to create one!

Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

March 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

March 2012

Authors

Dimensions

246 x 189 x 12mm (L x W x T)

Format

Paperback - Trade

Pages

226

ISBN-13

978-1-130-00068-9

Barcode

9781130000689

Categories

LSN

1-130-00068-0



Trending On Loot