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People ex rel. Wilson v. Flynn

106 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1907-10-02 English

Delivered by FORD, J.

Contents

Majority

p. 1141
PEOPLE ex rel. WILSON v. FLYNN, Warden.
(Supreme Court, Special Term, New York County.
October 2, 1907.)

Headnote

Habeas corpus by the people of the state of New York, on relation of Mary Wilson, against one Flynn, as warden of the city prison of the city of New York. Writ granted. Relator discharged.
R. J. Haire, for relator. Robert S. Johnstone, Asst. Dist. Atty. for respondent.

If I were permitted to enter the ¡realm of conjecture I might dismiss this writ. I could, and indeed do, guess that the proceedings before the magistrate were entirely regular. But, owing to the slovenly manner in which the .papers upon which I am asked to remand the relator were prepared, and their meaninglessness when scrutinized with that degree of care which should always be employed when the personal liberty of any one is concerned, I must sustain the writ and discharge the prisoner.