A Treatise on the Writ of Habeas Corpus: Including Jurisdiction, False Imprisonment, Writ of Error, Extradition, Mandamus, Certiorari, Judgments, Etc. With Practice and Forms
Bancroft-Whitney Company, 1893 - Habeas corpus - 1025 pages
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Common terms and phrases
action affidavit affirming alleged allowed answer appear application arrest authority bail brought cause certiorari charge circuit cited commitment constitution contempt conviction crime criminal custody decision defective defendant detained determine directed discharged discharged on habeas district England entitled error evidence ex rel examination execution exercise facts federal court give granted ground habeas corpus hearing held imprisonment indictment inferior inquire issue judge judgment jurisdiction jury justice King liberty limited magistrate matter ment necessary offense officer Parker party peace person petitioner practice prisoner proceedings proper prosecution punishment question reason record refused relator remanded render rule sentence shown statute sufficient supreme court taken term tion trial United unless valid void warrant warrant of commitment witness writ of habeas
Page 101 - Each of the justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court of Appeal, or before any judge thereof, or before any Superior Court in the State, or before any judge thereof.
Page 799 - ... notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 390 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 60 - ... the judgments or decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy, being aliens and citizens of the United States or citizens of different States...
Page 114 - ... out of the complex character of our government, and the existence of two distinct and separate sovereignties within the same territorial space, each of them restricted in its powers, and each, within its- sphere of action prescribed by the constitution of the United States, independent of the other.
Page 52 - ... enacted, that where any person shall appear to be committed by any judge or justice of the peace, and charged as accessory before the fact, to any petty treason or felony, or upon suspicion thereof, or with suspicion of petty treason or felony, which petty treason or felony...
Page 59 - In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question. In any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States.
Page 37 - That the writ of habeas corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the Rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement, by any military authority, or by the sentence of any court-martial or military commission.
Page 46 - ... plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing...
Page 62 - That no appeal or writ of error by which any order, judgment or decree may be reviewed in the Circuit Court of Appeals under the provisions of this act shall be taken or sued out except within six months after the entry of the order, judgment or decree sought to be reviewed...