69 N.Y.S. 545 | N.Y. Sup. Ct. | 1901
The relator is brought before the court upon a writ of habeas corpus. The defendant makes return that he is held
We have thus a record apparently valid upon its face, reciting the trial and conviction of the relator and his commitment in pursuance of such conviction. In such a case the only inquiry is whether the magistrate had jurisdiction of the case and authority to pronounce the judgment rendered for the cause assigned. People ex rel. Danziger v. P. E. House of Mercy, 128 N. Y. 180; People ex rel. Tweed v. Liscomb, 60 id. 571. As was said in the latter case, and cited with approval in the former: “ H the process is valid on its face, it will be deemed prima facie legal, and the prisoner must assume the burden of impeaching its validity by showing a want of jurisdiction. * * * If the judgment is merely erroneous, the court having given a wrong judgment when it had jurisdiction, the party aggrieved can only have relief by writ of error or other process of review.” The relator in the present case makes no question but that the magistrate had jurisdiction to entertain the complaint, or authority to render a judgment, and, indeed, this jurisdiction and authority
Writ dismissed and prisoner remanded.