People ex rel. Wilson v. Warden of City Prison

New York Supreme Court

People ex rel. Wilson v. Warden of City Prison

56 Misc. 109, 21 N.Y. Crim. 411

DecidedOctober 15, 1907

StatusPublished

This text of 56 Misc. 109 (People ex rel. Wilson v. Warden of City Prison) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Wilson v. Warden of City Prison, 56 Misc. 109, 21 N.Y. Crim. 411 (N.Y. Super. Ct. 1907).

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Opinion

Ford, J.

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 en[110]*110tirely 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 he employed when the personal liberty of any one is concerned, I must sustain the writ and discharge the prisoner.

Writ sustained.

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Ford, J.

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 en[110]*110tirely 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 he employed when the personal liberty of any one is concerned, I must sustain the writ and discharge the prisoner.

Writ sustained.

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Bluebook (online)

56 Misc. 109, 21 N.Y. Crim. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wilson-v-warden-of-city-prison-nysupct-1907.