A Treatise on the Writ of Habeas Corpus: Including Jurisdiction, False Imprisonment, Writ of Error, Extradition, Mandamus, Certiorari, Judgments, Etc. With Practice and Forms

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Bancroft-Whitney Company, 1893 - Habeas corpus - 1025 pages

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Contents

The Statutory Prohibition
111
Legislative Powers
115
CHAPTER VI
117
DEFINITION AND NATURE OF WRIT
137
Probable Cause must be Shown
148
CHAPTER IX
161
Service of the Writ
173
IN THE FEDERAL COURTS 118 Reasonable Fee may be Required of Petitioner When PART III IN THE STATE COURTS
176
In Particular Instances
181
Statutory Provisions 120 Judicial Constructions
184
CHAPTER XI
186
The Return may be Amended ? 156 Motion to Quash after Return Filed
187
CHAPTER XII
249
In the United States
255
At Common
262
CHAPTER XIII
263
Postponement for Further Testimony
278
Proper Evidence ? 193 Competent Testimony
279
Hearsay Evidence 195 Conversations 196 Correcting Errors in Evidence
280
Contradicting Return 198 Record Evidence
282
Evidence Aliunde
284
Witnesses Confrontment
285
Impeaching Witnesses 2202 Showing Want of JurisdictionBurden of Proof
286
Officers may be Examined as Witnesses
287
Examination of Witnesses Continued
288
Evidence of Service 206 Commenting on Testimony PART II EVIDENCE BY AFFIDAVIT 2207 Value of Such Evidence
289
DefectsWant of Notice etc 2209 Use of Affidavits in English Practice
293
In Applications for Habeas Corpus 211 Jurisdiction
296
Contradicting Return by Affidavit
297
Examination of Indictment 214 Enlarging Time 215 Fortifying Return
299
Denying Statement in Warrant 217 Cases of Bollman and Swartwout and Burr
300
Arrest on State Process
304
Affidavit should State Facts
305
Effect of No Objection to Irregular Evidence
307
CHAPTER XIV
308
A Leading Principle
314
General Rules and Their Application 228 Conflict of Jurisdiction
315
Inquiry where there is No Formal Commitment
318
Inquiry into and behind Commitment
319
Commitment by United States Commissioner
320
When Order for Discharge may be Entered
321
Jurisdiction Want of Acts not Constituting Contempt
324
CHAPTER XV
361
In the State Courts
367
In the State Courts
371
Cause and Certainty
399
Orders and Commitments by Superior Court
401
The Direction and Conclusion 284 Signature and Seal
402
What Face of Warrant Should Show
403
REVIEW BY HABEAS CORPUS 286 The Warrant of Arrest
404
The Warrant of Commitment
415
MAY DISCHARGE OR LET TO BAIL THOUGH WARRANT
417
Errors Irregularity and Jurisdiction
425
Commitment of Seaman
431
Commitment for Violating Orders Judgments and Decrees
436
CHAPTER XXIV
474
CHAPTER XXV
500
375 The Mittimus
533
Power of Courts to Modify Their Own Judgments
541
HAB COR 8
545
IN CIVIL CASES
566
RES JUDICATA
570
e Appeals in State Courts
592
2389f Error from Federal to State Court
598
n Statement of FactsTranscript Record Briefs
606
CHAPTER XXVIII
620
Application is Addressed to Sound Discretion of Court
631
Rules for Determining whether Proof is Evident
637
Evidence as to Crime Committed
647
Excessive BailTranscript
654
CHAPTER XXX
662
CHAPTER XXXII
692
Supersedeas Appeal Action and Foreign Jurisdiction
726
CHAPTER XXXIII
733
CHAPTER XXXIV
741
b Guardian may have Habeas Corpus When
748
CHAPTER XXXVII
766
a Subsequent Arrest on Civil Process
785
EXTRADITION FROM THE UNITED STATES
789
Reviewing Decision of Commissioner on Habeas Corpus
800
Checks of Legal Functions upon Each Other
808
Forcible or Illegal Capture in Another State
810
e Laws of Another State
821
a Executive Decision to Surrender is not Final
829
Sufficiency of Indictment
837
Jurisdiction of State and Federal Courts
865
Capias ad Satisfaciendum
955
Arrest and Trial for Different Offense
984
Powers of Courts of Chancery
998

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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...

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