Opinion · New York Supreme Court

People ex rel. Bruno v. Maudlin

People ex rel. Bruno v. Maudlin, 123 Misc. 906 (N.Y. Sup. Ct. 1924)

Type
Opinion
Court
New York Supreme Court
Jurisdiction
New York
Date
1924-11-15
Topic
bankruptcy

Taylor, J. The authority holding unconstitutional section 618b of the Code of Criminal Procedure (People ex rel. Maloney v. Sheriff, 117 Misc. Rep. 421) is in effect overruled by the determination of the Appellate Division, first department, in a case in which no opinion was handed down.

Citator

UpLaw has not yet analyzed People ex rel. Bruno v. Maudlin. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
Taylor, J.

The authority holding unconstitutional section 618b of the Code of Criminal Procedure (People ex rel. Maloney v. Sheriff, 117 Misc. Rep. 421) is in effect overruled by the determination of the Appellate Division, first department, in a case in which no opinion was handed down. See cases and points in People ex rel. Farina v. Wallis, 208 App. Div. 720. Therefore, the statute in question is constitutional. The warrant of commitment is, therefore, valid on its face. The stenographer’s minutes of the hearing before the learned county judge show facts before him warranting his determination resulting in the commitment.

Writ of habeas corpus is dismissed and said Rose Bruno is remanded to the custody of the sheriff.