145 N.Y.S. 1064 | N.Y. App. Div. | 1914
Donato Perreco, a person interested in continuing the imprisonment of Francesco Lovascio, appeals to this court from an order of the Special Term of the Supreme Court sustaining a writ of habeas corpus and directing the “ warden of the Kings County jail, and the sheriff of the County of Kings and any and all other persons having Francesco Lovascio in custody ” to immediately release him. He has a standing to prosecute such appeal. (Code Civ. Proc. § 2038; Matter of Leggat, 162 N. Y. 437; People ex rel. Asmus v. Melody, 91 App. Div. 569.) The petition for the writ states that the said Lovascio is incarcerated in the Kings county jail and asks that a writ of habeas corpus issue to the warden thereof. The writ as issued is directed to said warden. It does not appear upon whom this writ was served, if any one. The order for the prisoner’s dis
The order appealed from should be reversed and the prisoner remanded to the custody from whence he came; and the proceedings are remitted to the Special Term to compel the filing of a return and to proceed in accordance with the’requirements of the statute.
Jenks, P. J., Thomas, Rich and Stapleton, JJ., concurred.
Order reversed and prisoner remanded to the custody from whence he came; and proceedings remitted to the Special Term to compel the filing of a return, and to proceed in accordance with the requirements of the statute.