[Download] "People State New York Ex Rel. Fred A. Tatra v. John F. Mcneill" by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: People State New York Ex Rel. Fred A. Tatra v. John F. Mcneill
• Author : Supreme Court of New York
• Release Date : January 28, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This appeal is not from an order refusing to grant a writ or from a judgment made upon the return of a writ. The appeal is from an intermediate order made in the habeas corpus proceeding; the order, to the extent here pertinent, merely denied incidental relief. Such order is not embraced within the appeals authorized by statute in a habeas corpus proceeding (CPLR, 7011). In any event, the denial of that part of the motion seeking release of the funds in question was proper. In the habeas corpus proceeding the relator cannot seek a release of property. The sole purpose of a habeas corpus proceeding is to inquire into the cause of imprisonment or restraint of the person; and the sole inquiry is whether the mandate, by virtue of which the person is detained, is void (People ex rel. Hubert v. Kaiser, 150 App. Div. 541, affd. 206 N. Y. 46; People ex rel. Rosen v. Warden of City Prison, 234 App. Div. 349).

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