New York Supreme Court August 15, 1908 (People ex rel. Sterling v. Sheriff of Nassau County)

Gaynor, J.

That every Judge of the Supreme Court is obliged to issue the writ of habeas corpus on application, whether he wishes to or not, and is subjected by statute to a. severe penalty for refusing, is in itself a reason why members of the bar should not apply for it except in a case of necessity, lest the writ be abused.