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In re Gottsmann

Court of Errors and Appeals
Jan 29, 1948
57 A.2d 31 (N.J. 1948)

Opinion

Submitted October 21st, 1947.

Decided January 29th, 1948.

The writ of habeas corpus is a writ of right when reasonable cause is shown, but not a writ of course. Reasonable cause, held, not shown here.

On appeal from the Court of Chancery.

Mr. Charles Blume, for the appellants.

Messrs. Feld Freitner ( Mr. Samuel B. Feld, of counsel), for the respondents Joseph Gottsmann, Jr., and Elsa Gottsmann.


This appeal is from an order of the Chancellor, upon the advice of Vice-Chancellor Stein, discharging an order to show cause why a writ of habeas corpus should not issue and denying an application therefor.

Our examination of the record leads to the conclusion that reasonable cause was not shown. The writ of habeas corpus is a writ of right when reasonable cause is shown, but not a writ of course. 39 C.J.S., Habeas Corpus, § 6.

The order under review is affirmed, with costs.

For affirmance — THE CHIEF-JUSTICE, BODINE, DONGES, HEHER, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McLEAN, SCHETTINO, JJ. 13.

For reversal — None.


Summaries of

In re Gottsmann

Court of Errors and Appeals
Jan 29, 1948
57 A.2d 31 (N.J. 1948)
Case details for

In re Gottsmann

Case Details

Full title:In the matter of the application of AUGUST GOTTSMANN and MARY GREB on…

Court:Court of Errors and Appeals

Date published: Jan 29, 1948

Citations

57 A.2d 31 (N.J. 1948)
57 A.2d 31

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