No court or judge shall inquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following : First. The Oklahoma Law Journal - Page 2801908Full view - About this book
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1855 - 648 pages
...question, sec. 725, pp. 195-6, 2 RS, is sufficiently explicit to meet it. That section reads — " No Court or judge shall inquire into the legality...has not expired, in either of the cases following: "First. Upon process issued by any Court or judge of Nor- Term, the United States, where the Court... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1856 - 614 pages
...discharge him when HOWARI. the term of commitment has not expired, in either of the CORR. cases following: upon any process issued on any final judgment of a Court of competent jurisdiction," &c. 2 RS, p. 195, second clause of section 725. Having been committed on process issued... | |
| District of Columbia - Law - 1857 - 788 pages
...cause be shown for the restraint, or for the continuation thereof, shall discharge the party. SEC. 9. No court or judge shall inquire into the legality...has not expired, in either of the cases following: 1. Upon process issued by any court or judge of the United States, where the court or judge has conclusive... | |
| Rollin Carlos Hurd - Extradition - 1876 - 720 pages
...have been committed ; nor of any person suffering imprisonment under lawful judgment." 1 In Kansas: "No court or judge shall inquire into the legality of any judgment or process, whereby the party ia in custody, or discharge him when the term of commitment has not expired in either of the cases... | |
| Indiana State Medical Association, Indiana State Medical Society - Medicine - 1878 - 216 pages
...that, upon the facts stated, the case is not within the provision of the habeas corpus act that ' ' no court or judge shall inquire into the legality...term of commitment has not expired, in either of the following cases :" * * "Third. For any contempt of any court, officer, or body having authority to... | |
| Indiana State Medical Society - Medicine - 1878 - 216 pages
...that, upon the facts stated, the case is not within the provision of the habeas corpus act that ' ' no court or judge shall inquire into the legality...term of commitment has not expired, in either of the following cases :" * * "Third. For any contempt of any court, officer, or body having authority to... | |
| George Louis Reinhard - Criminal law - 1879 - 588 pages
...continuation thereof, shall discharge the party. Ibid. In what cases court not to discharge. SEC. 725. No court or judge shall inquire into the legality...commitment has not expired in either of the cases following : First. Upon process issued by any court or judge of the United States, where the court or judge has... | |
| Asa Iglehart - Civil procedure - 1879 - 1048 pages
...court upon an unexpired term will not be discharged. No court or judge may inquire, under this writ, into the legality of any judgment or process, whereby the party is in custody, nor discharge him when the term of commitment has not expired in any of the following cases: 1. Upon... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1880 - 704 pages
..." SEC. 725. ISTo court or judge shall enquire into the legality of any judgment or process, Thereby the party is in custody, or discharge him when the...commitment has not expired in either of the cases following : " First. Upon process issued by any court or judge of the United States, where the court or judge... | |
| Law reports, digests, etc - 1889 - 1878 pages
...have power to inquire into the legality of the judgment or process whereby any party is in custody upon any process issued on any final judgment of a court of competent jurisdiction. " This might at first blush appear to deprive this court of authority to issue the writ;... | |
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