General

The People of the State of New York ex rel. Jacob W. Falk, Appellant, v. Norman S. Dike, Respondent

171 N.Y. 681·New York Court of Appeals·1902·NY

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Opinion

The People of the State of New York ex rel. Jacob W. Falk, Appellant, v. Norman S. Dike, Respondent. People ex rel. Falk v. Dike, 71 App. Div. 622, affirmed. (Argued June 13, 1902; decided June 20, 1902.) Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1902, which reversed an order of Special Term discharging the relator, on habeas corpus proceedings, from the custody of the defendant, on the ground that said defendant was not the sheriff of the county of Kings. Benjamin F. Tracy, Jerry A. Wernberg, Charles H. Hyde and Levi W. Naylor for appellant. G. D. B. Hasbrouck, Joseph A. Burr and Ira Leo Bamberger for respondent. [MAJORITY] Order affirmed, with costs, on authority of Matter of Guden (171 N. Y. 529). Concur: Parker, Ch. J., Gray, O’Brien, Haight, Vann, Cullen and Werner, JJ.