State v. Farlee

Supreme Court of New Jersey

State v. Farlee

1 N.J.L. 41

DecidedNovember 15, 1790

StatusPublished

This text of 1 N.J.L. 41 (State v. Farlee) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Farlee, 1 N.J.L. 41 (N.J. 1790).

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Opinion

Per. Curiam.

We have no power in such a case to order a jury. This is not directly a case of property — it is one of personal liberty; — it is a writ of right, intended for the protection of individuals against arbitrary or illegal detentions, and we are to decide upon it in our constitutional capacity, sitting here to superintend the liberty of the citizen, and to protect it from violation.

. Craft for the state — cited the cases of the State v. Mc. Knight, in November term 1782, and the State v. Vanhorne, in May 1785, in which Brearly C. J. and the court had refused similar applications. .

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Per. Curiam.

We have no power in such a case to order a jury. This is not directly a case of property — it is one of personal liberty; — it is a writ of right, intended for the protection of individuals against arbitrary or illegal detentions, and we are to decide upon it in our constitutional capacity, sitting here to superintend the liberty of the citizen, and to protect it from violation.

. Craft for the state — cited the cases of the State v. Mc. Knight, in November term 1782, and the State v. Vanhorne, in May 1785, in which Brearly C. J. and the court had refused similar applications. .

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Bluebook (online)

1 N.J.L. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farlee-nj-1790.