111 N.Y.S. 1136 | N.Y. App. Div. | 1908
The relator seeks by certiorari to review a determination of the Special Term adjudging him guilty of a willful disobedience of a lawful mandate of the court, to wit, a writ of habeas corpus, and directing that he be imprisoned in the county jail of Kings county for a period of thirty days and pay a fine, of $250, or in default thereof be imprisoned in the said jail until said fine is paid or for the further period of thirty days, Such a determination may be reviewed by certiorari. (People ex rel. Taylor v. Forbes, 143 N. Y. 219.) Section 8 of the Code of Civil Procedure, in so far as applicable, provides: “A court of record has power to punish for a criminal contempt, a person guilty of either of the following acts, and no others: * * * 3. Wilful disobedience to its lawful mandate.” Said writ of habeas corpus was allowed by a justice of the Supreme Court on the 26th day of November, 1907. When allowed it read as follows:
“Writ of Habeas Corpus.
“People of the State of New York to the police officers or other persons in charge of John G. Jenkins, Jr.: ' prank
“ We command you that you have the body of-John-G-. Jenkins, Jr., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention by whatsoever name the said John G. Jenkins, Jr., s called or charged, before me a Justice of the Supreme Court forthwith, and immediately upon the receipt of this writ at my Chambers in the Court house, in the Borough of Brooklyn, City of New York, to do and receive what shall then Frank and there be considered concerning the said JeherG- Jenkins, Jr., and have you then and there this writ.
“ Witness, Hon. Joseph A. Burr, one of the Justices of this court, the 26th day of November, 1907.
“ Allowed. JOS. A. BURR,
’ . “J.8.G."
The name “ John G.,” as originally typewritten,.had been stricken out in two places and the word “Frank ” interlined with a pen as indicated supra. In the petition attached to the writ the name “Frank” had been substituted in the same, manner for the name “ John G.” wherever that name had appeared as originally typewritten. Said writ was issued and served under the following circumstances: John G. Jenkins, Jr., and Frank Jenkins were indicted by a grand jury of Kings county and bench warrants for their arrest were issued by the district attorney and