Remedies by Selected Cases

Remedies by Selected Cases

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... a real restraint of liberty, quite different from the first. The fear of this latter proceeding, which may or may not keep Dr. Wales within the limits of the city, is a moral restraint which concerns his own convenience, and in regard to which he exercises his own will. The present case bears a strong analogy to Dodge's Case in 6 Mart. (La.) 569. It appeared there that the party who sued out the writ had been committed to jail on execution for debt, and having given the usual bond by which he and his sureties were bound to pay the debt if he left the prison bounds, he was admitted to the privilege of those bounds. The plaintiif in execution failing to pay the fees necessary to the support of the prisoner, the latter sued out a writ of habeas corpus. That eminent jurist, Chief Justice 1I.-xarm. said. on appeal to the supreme court: "It appears to us that the writ of habeas corpus was improperly resorted to. The appellee was under no physical restraint, and there was no necessity to recur to a. court or judge to cause any moral restraint to cease. The sheriff did not restrain him, since he had admitted him to the benefit of the bounds; the doors of the jail were not closed on him. and if he was detained it was not by the sheriff or jailor. If his was a moral restraint it could not be an illegal one. The object of the appellee was. not to obtain the removal of an illegal restraint from a judge. but the declaration of the court that the plaintiffs in execution had by their neglect lost the right of detaining him. A judgment declaring such neglect, and pronouncing on the consequences of it. was what the appellee had in view." The judgment awarding the writ was reversed. The analogy to the case before us is striking. A more

Product details

  • Paperback | 582 pages
  • 189 x 246 x 30mm | 1,025g
  • United States
  • English
  • black & white illustrations
  • 1236917413
  • 9781236917416