37 N.Y.S. 534 | N.Y. App. Div. | 1896
It seems to be clear that at common law a writ of error did not lie to review a decision on habeas corpus. (Hurd on Habeas Corpus, 353 [hi. p. 562]. Opinion of Kent, Ch. J., in Yates v. People, 6 Johns. 337.) Still, very early in the history of this State, it was held that a prisoner might bring up for review, by a writ of error, an adverse decision on habeas corpus, despite the English rule to the contrary. (Yates v. People, supra.) We can find no case prior to the Revised Statutes where a writ of error was allowed on the application of the People. By the Revised Statutes (Yol. 2, p. 573, § 70) the Attorney-General was authorized to prosecute such a writ in the name of the People. How, by section 2059, Code of Civil Procedure, an appeal from a final order discharging a prisoner committed on a criminal accusation may be taken in the name of the People, either by the Attorney-General or by the district attorney. We do not say that
The appellant would not be embarrassed in a future action for false imprisonment by the decision on a habeas corpus. That decision would not bind him. In fact it is settled law that, with the exception of a narrow class of cases, such as the custody of infants, a decision on habeas corpus does not create an estoppel, even upon renewals of the writ, and never operates as a former adjudication in other litigations. (People ex rel. Lawrence v. Brady), 56 N. Y. 182.)
Motion to dismiss appeal granted.
All concurred.
Appeal dismissed.