In re Quinn
| Decision Date | 02 March 1897 |
| Citation | 152 N.Y. 89,46 N.E. 175 |
| Parties | In re QUINN. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, appellate division, Second department.
Application by John Quinn for a writ of habeas corpus. From a judgment of the appellate division, affirming an order of the special term (36 N. Y. Supp. 895), discharging relator from custody, appeal is taken by the attorney general in behalf of the people. Affirmed.
George Hoadly and Matthew Hale, for appellant.
William Sullivan, for respondent.
On the 22d of October, 1895, John Quinn was arrested by Edward A. Murray, a marshal of the city of New York, upon a warrant issued by John J. Ryan, claiming to be a police justice of said city, and detained until the 9th of November following, when a writ of habeas corpus in the usual form was issued by a justice of the supreme court to inquire into the cause of such detention. By the return of the marshal it appeared that said John J. Ryan was duly appointed a police justice for the city and county of New York prior to the 1st of January, 1895; that he qualified and entered upon the discharge of the duties of said office, and that the period for which he was appointed had not expired when the arrest was made; that chapter 601 of the Laws of 1895, entitled ‘An act in relation to the inferior courts of criminal jurisdiction in the city and county of New York,’ passed May 10, 1895, which in terms abolished the office of police justice in said city and county from and after midnight of the 30th day of June, 1895, was, as to the said John J. Ryan, unconstitutional and void; that said Ryan at the time he issued said warrant lawfully held and stills holds the office of police justice of the city and county of New York, and had jurisdiction and authority to issue the same; that when it was placed in the hands of the marshal for execution it became his duty as a peace officer to arrest said John Quinn, and that he did so in the city of Brooklyn, after first having the warrant indorsed by a police justice of the last-named city, and that said Quinn was still in his lawful custody under and by virtue of said warrant. Quinn interposed an answer to the return, alleging that the warrant and the indorsement thereon were invalid, null, and void because said Ryan, who issued the warrant claiming to he a police justice, was not such at the time he issued it, and had no jurisdiction or authority to act; that he ceased to be a police justice from and...
To continue reading
Request your trial
-
Commco, Inc. v. Amelkin
...N.E. 697; People ex rel. Breslin v. Lawrence, 107 N.Y. 607, 609, 15 N.E. 187; Matter of Quinn, 2 App.Div. 103, 37 N.Y.S. 534, affd. 152 N.Y. 89, 46 N.E. 175; see Matter of Rox v. Doherty, 284 N.Y. 550, 553, 32 N.E.2d 549). Clearly, therefore, it should not be permitted to interfere with the......
-
Black v. Early
... ... co-defendant district is a corporation de jure, for if there ... be no corporation there can be no office -- if no office no ... officer, and its estimates are nullities, and defendants are ... in law trespassers. Ayers v. Latimer, 57 Mo.App. 78; ... Matter v. Quinn, 152 N.Y. 89; Daniel v ... Hutchinson, 4 Tex. Civ. App. 239. If the defendant ... school district was not legally organized, then there was no ... office to be filled. If there was no office to be filled, ... there was no corporation or officer de facto. State v ... Law, 16 R. I. 620; ... ...
-
State v. City of Eveleth
... ... Quinn, 152 N. Y. 89, 46 N. E. 175; Daniel v ... 189 Minn. 234 ... Hutcheson, 4 Tex. Civ. App. 239, 22 S. W. 278; People v. Welsh, 225 Ill. 364, 80 N. E. 313; Gorman v. People, 17 Colo. 596, 31 P. 335, 31 Am. St. Rep. 350 ... 3. The court's findings that Axel Brandt was appointed to do ... ...
-
State ex rel. Tamminen v. City of Eveleth, 29408.
...or has been repealed, no one can become an officer de facto by assuming to act in a wholly non-existing office. In re Quinn, 152 N. Y. 89, 46 N. E. 175; Daniel v. Hutcheson, 4 Tex. Civ. App. 239, 22 S. W. 278;People v. Welsh, 225 Ill. 364, 80 N. E. 313;Gorman v. People, 17 Colo. 596, 31 P. ......
-
"garbage In, Garbage Out": the Litigation Implosion Over the Unconstitutional Organization and Jurisdiction of the City Court of Atlanta - Edward C. Brewer Iii
...be drawn that the court would follow the same rule when the statute granting jurisdiction was unconstitutional. 139. 60 N.Y. at 591. 140. 46 N.E. 175 (N.Y. 1897). 141. Id. at 176. This reasoning is also apparent in State v. Carroll, 38 Conn. 449 (1871), which is addressed infra at notes 158......