People ex rel. Riccio v. Britt
This text of 285 A.D. 862 (People ex rel. Riccio v. Britt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order reversed on the law upon the ground that the court was without jurisdiction in the absence of a return; relator remanded to the Sheriff of Erie County; proceedings remitted to Special Term to compel filing of a return forthwith and to proceed in accordance with the requirements of the statute. (See Matter of Haller, 12 Hun 131, 132-133, and People ex rel. Gamaldi v. Warden Kings Go. Jail, 160 App. Div. 480.) All concur, Piper, J., not voting. (Appeal from an order of Erie Special Term dismissing the writ of habeas corpus and remanding relator to the custody of the Sheriff of Erie County for extradition and delivery to the authorities of Texas.) Present — McCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ.
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Cite This Page — Counsel Stack
285 A.D. 862, 137 N.Y.S.2d 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-riccio-v-britt-nyappdiv-1955.