Application Of Gottsmann, 222.
| Decision Date | 29 January 1948 |
| Docket Number | No. 222.,222. |
| Citation | 57 A.2d 31 |
| Parties | Application of GOTTSMANN et al. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Court of Chancery.
Proceeding in the matter of the application of August Gottsmann and Mary Greb on behalf of Joseph Gottsmann, Sr., for writ of habeas corpus. From an order discharging an order to show cause why writ of habeas corpus should not issue and denying application therefor, the petitioners appeal.
Affirmed.
Charles Blume, of Newark, for appellants.
Feld & Breitner, of Newark (Samuel B. Feld, of Newark, of counsel), for respondents, Joseph Gottsmann, Jr., and Elsa Gottsmann.
This appeal is from an order of the Chancellor, upon the advice of Vice-Chancellor Stein, discharging an order to show cause why a writ of habeas corpus should not issue and denying an application therefor.
Our examination of the record leads to the conclusion that reasonable cause was not shown. The writ of habeas corpus is a writ of right when reasonable cause is shown, but not a writ of course. 39 C.J.S., Habeas Corpus, § 6.
The order under review is affirmed with costs.
For affirmance: THE CHIEF JUSTICE, Justices BODINE, DONGES, HEHER, COLIE, WACHENFELD, EASTWOOD and BURLING, and Judges WELLS, DILL, FREUND, McLEAN and SCHETTINO-13.
For reversal: None.
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