People ex rel. Warncke v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Warncke v. Johnston

12 A.D.2d 848, 209 N.Y.S.2d 611, 1961 N.Y. App. Div. LEXIS 13208

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 17, 1961

StatusPublished

This text of 12 A.D.2d 848 (People ex rel. Warncke v. Johnston) 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.

Bluebook

People ex rel. Warncke v. Johnston, 12 A.D.2d 848, 209 N.Y.S.2d 611, 1961 N.Y. App. Div. LEXIS 13208 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal from an order denying an application for a writ of habeas corpus for failure to comply with the provisions of article 77 of the Civil Practice Act. Subdivision 7 of section 1234 of the Civil Practice Act provides in part that the petition shall set forth any previous applications made for a writ and information as to what court or courts or judge or judges [849]*849made, and the determinations thereof. The Attorney-General sets forth in his brief that a prior application had been made on October 7, 1959 in the Clinton County Supreme Court and denied and an order entered accordingly in the Clerk’s office on October 13, 1959. The petitioner in his brief does not deny these facts but contends that he is entitled to have his writ determined. Order unanimously affirmed.

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Appeal from an order denying an application for a writ of habeas corpus for failure to comply with the provisions of article 77 of the Civil Practice Act. Subdivision 7 of section 1234 of the Civil Practice Act provides in part that the petition shall set forth any previous applications made for a writ and information as to what court or courts or judge or judges [849]*849made, and the determinations thereof. The Attorney-General sets forth in his brief that a prior application had been made on October 7, 1959 in the Clinton County Supreme Court and denied and an order entered accordingly in the Clerk’s office on October 13, 1959. The petitioner in his brief does not deny these facts but contends that he is entitled to have his writ determined. Order unanimously affirmed.

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Bluebook (online)

12 A.D.2d 848, 209 N.Y.S.2d 611, 1961 N.Y. App. Div. LEXIS 13208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-warncke-v-johnston-nyappdiv-1961.