Edward Terry Sanford

“ The Appellate Division, therefore, properly held that the order of the Special Term was erroneous, reversed the same, dismissed the writs and remanded the relators.'
It is settled law, that where the record discloses that the judgment of a state court was based, not alone upon a ground involving a federal question, but also upon another and independent ground, broad enough to maintain the judgment, this Court will not take jurisdiction to review such judgment and will dismiss a writ of error brought for that purpose. ”

“ The court before which a person is brought under such writ simply inquires whether the court rendering the judgment had jurisdiction to do so. If that fact appears, and the mandate under which the defendant is held be regular upon its face, the writ must be dismissed. People ex rel. Hubert v Kaiser, 206 N. Y. 46. The magistrate before whom the relators were taken had jurisdiction to try them for a violation of the ordinance in question, and they are now legally in custody. ”

“ Div. 225, 188 N. Y. Supp. 803) , on appeal reversed this order and dismissed the writs; and the Court of Appeals of the State, on a further appeal, affirmed the order of the Appellate Division (232 N. Y. 96, 133 N. E. 364) and remitted the record and proceedings to the Supreme Court to be proceeded upon according to law. ”