Jackson v. Boyd
Supreme Court of Iowa
Appeal from am order made by the Hon. James "W. McKenzie, Jtcdge of the 11th Judicial District. Tiie plaintiff, being in custody of tbe' defendant by virtue of certain “ warrants of commitment ” issued by a justice of tbe peace, applied for and obtained a writ of habeas corpus. Upon the hearing before said judge he was discharged from custody under certain warrants and i-emanded Under others. Both parties appeal.
1Opinion of the CourtSeeveks, J.
It is insisted the order discharging the plaintiff from custody may be sustained on the following grounds:
*5371. imprison-judgment. *536I. It is said tbe judgment of the justice of tlie peace is *537“ void because it did not .specify tbe length of time and number of days the plaintiff should be imprisoned.” «; r r The judgment was that the plaintiff “ stand cornmitted to the jail of the incorporated town of Eldora until the several fines and costs are paid.”
The statute provides that: “A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied.” Code, § 4689.…
2Cases cited2 opinions
- Zelle v. McHenrySupreme Court of Iowa · 1879
- Platt v. HarrisonSupreme Court of Iowa · 1858
3Cited by12 opinions
- Perry v. PernetIndiana Supreme Court · 1905
- Young v. StateCourt of Criminal Appeals of Oklahoma · 1954
- Cummings v. LainsonSupreme Court of Iowa · 1948
- Ex parte TaniNevada Supreme Court · 1907
- Ex Parte ClemmonsCourt of Criminal Appeals of Oklahoma · 1924
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