Appellate Division of the Supreme Court of the State of New York March 18, 1908 (People ex rel. Dinsmore v. Keeper of the Erie County Penitentiary)

Kruse, J.:

The order from which this appeal was taken was made upon the return of a writ of habeas corpus issued at the instance of the relator and directed'to the keeper of the Erie County Penitentiary. A demurrer was interposed by the relator to the return. While the order does not in terms sustain the demurrer, such was its effect since it discharged the relator from imprisonment.