A Treatise of the Writ of Habeas Corpus; Including Jurisdiction, False Imprisonment, Writ of Error, Extradiction, Mandamus, Certiorari, Judgments, Etc. with Practice and Forms
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. 1884 edition. Excerpt: ... do that which might be done in the inferior court.' A habeas corpus removed the body cum cause, and proceedings were begun anew in the superior court, and plaintifi declared dc now, but on certiorari he proceeds on the record as it stands when removed.' The record itself is never removed by habeas corpus as it is by certiorari;5 besides, a certiorari goes to the judge, but a habeas corpus to the ofiicer.' Again, where a ccrtioran' issues, in order to use the record as evidence, then the tenor, if returned, is suflicient, and countervails the plea of nut tiel record; but when the record itself is to be proceeded upon, the record must be returned. And there is no difference when the proceeding upon the record is to be removed, whether it be before judgment or after; in both cases the record itself must be removed.I The effect of a habeas corpus in removal of causes is only to suspend the proceedings of the inferior court, but a certiorari removes the cause.' 11 Tidd's Pr., Am. notes, 397. 269; Fazacharly v. Baldo, 1 Salk. ' Bac. Abr., Ccrtiurari, A. 352. 8 Goodright v. Dring, 2 Dow. dc Ry. 5 2 Lilly's Reg. 8; Hcthcrington v. 407.-Reynolds, Fortes. 269. ' Woodcraft v. Kinaston. 2 Atk. 316; 6 Hetherington v. Reynolds, Fortes. Hetherington v. Reynolds, Fortes. 269. The practice is to issue the writ of certiorari in connection with the writ of habeas corpus, the former to bring up the record, the latter to bring up the body. But while a superior court in the exercise of its revisory jurisdiction may discharge a prisoner held under criminal process, where the commitment is voidable only, or where the grounds of commitment are insufficient, it must have appellate jurisdiction in the given case. It is not sufficient...
- 189 x 246 x 17mm | 572g
- 13 Sep 2013
- Illustrations, black and white