Ex parte Floyd v. Recorder of New-York

By the Court,

The recorder did not lose jurisdiction by the suing out of the writ of homine replegiando; the only effect of it in this respect was to suspend the proceedings upon the habeas corpus, until final judgment upon the writ of homine replegiando. 2 R. S. 561, § 17. Judgment having been rendered, the recorder ought to have granted the certificate asked for.

Mandamus granted.