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»urjlift*iitt-imjiQ-:0U-teutan*w-be-LUMtJfll-tIlrforehatJl4t, orllSOt]thin-iMU:hi-hishytedo fa-t all enlpotelt;lycb 00, re i fnJ ait[(rate 1# tae ptTjwririiuiw of agpeiape 4fi?7 Prc*’ scrilxid by statute, and the joffic^r was fcooj^l r.o ' know (be sjaliite wid; Jhe extent of the' niagiJr trate’s so thurify. flie statute flpocifie8 the pr* ccs3 which the judge may issue, and (he druutu-Btancea under which ho may issue it, and tho^c rQ persona are bound to know.... If, therefore, tlie .warrant placed in his band was not su'ih ;w the statute, authorized the jud^o to isaue, or if its recital* iufonucd him chat the judge had uo jroisdiction or authority of aproee* of the kind'indicated bj such recitals, he was not justified in iwexecution. Tbs rucitsle oF the. warrant returned by the deputy marsh*], aj^ow a case and a process reroute from llmf of which the act of Copjjrese gave the judge jurisdiction, nod bcnec the imprison roe at under it waa illeguh becaiwe hi# warrant vu void,But the [|D(«tjon here Is, not whether tlie deputy marshal wa# justified in making-, tlie original arrest, but wliofcher: the county judge bad jurisdiction of the case of Habeas (Jorpus before his a, j *■*] and whether his order discharging tho plainlifl' in Bit error was Talith Pf these we have no doubt, and hence this re-urrust for the winie eaus-j was i:n* Rr lawful. o*It is unnecessary to discuss the oilier prints n»de by the defendant in-error. JvTlie jnd^mlt;*nj of the Circuit OonrI is fftsoi-ved l! and tlie cauc \ti rumaflijwf fhr further proceed- -e ioga, according to low, (n*hnotncwidhtl*Jwttillr«iEiAppolmntfiiif* «f th« ITtfflhflillii Fr»tf#taaflJkiflrck* he
Newspaper Details
Wisconsin Free Democrat
Milwaukee, Wisconsin, US
Wed, Dec 05, 1855
Page 4
Full Page
Clipped by
Scott W.
NA, 10 Jan 2023
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