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People ex rel. Smith v. Warden of City Prison

154 A.D. 923 Court N.Y. App. Div. English

Contents

Majority

p. 923
The People of the State of New York ex rel. Laura Smith, Respondent, v. Warden of the City Prison, Defendant. The People of the State of New York, Appellant.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 29th day of October, 1912, sustaining a writ of habeas corpus and discharging relator from custody.

The .evidence before the magistrate was sufficient to justify him in holding the relator; and for that reason the order appealed from is reversed, the writ dismissed and the relator remanded. Present— Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, writ dismissed and relator remanded. Order to be settled on notice. *