Legal Opinion

In re Henderson

North Dakota Supreme Court

Decided February 17, 1914PublishedCited by 14 opinions

Application of Frank ITendersen, held on bail and arrest proceedings, for writ of habeas corpus. After full hearing the writ is denied and the petitioner remanded to custody. On the question of intention we must strongly rely upon the declarations of the. party, though they are not conclusive. Pacific Mut. L. Ins. Co. v. Tompkins, 41 C. O. A. 488, 101 Fed. 539; State ex rel. Hattabaugh v. Boynton, 140 Wis. 89, 121 N. W. 887, 17 Ann.

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Application of Frank ITendersen, held on bail and arrest proceedings, for writ of habeas corpus. After full hearing the writ is denied and the petitioner remanded to custody. On the question of intention we must strongly rely upon the declarations of the. party, though they are not conclusive. Pacific Mut. L. Ins. Co. v. Tompkins, 41 C. O. A. 488, 101 Fed. 539; State ex rel. Hattabaugh v. Boynton, 140 Wis. 89, 121 N. W. 887, 17 Ann. Cas. 618. A prisoner extradited from another state is privileged from arrest on civil process during the pendency of the prosecution of the crime for which he was…

1Opinion of the CourtGoss, J.

One Erank Hendersen has petitioned this court for a writ of habeas corpus. As grounds for the writ, proof by affidavits has been' submitted, establishing that from August 1st to December 25th last *159Hendersen was a resident of Richland county in this state, and an employee of the Fairmount & Yeblen Railway Company, a corporation. That on December 10th a criminal complaint charging embezzlement, a felony, was laid before a magistrate of said county, charging Hendersen with the commission of said crime, upon which a warrant for his arrest was duly issued. He was arrested thereon, and pending…

2Cases cited24 opinions

  1. Lascelles v. GeorgiaSupreme Court of the United States · 1893
  2. Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
  3. Lascelles v. StateSupreme Court of Georgia · 1892
  4. Mullen v. SanbornCourt of Appeals of Maryland · 1894
  5. In re CannonMichigan Supreme Court · 1882

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Ryan v. EbeckeSupreme Court of Connecticut · 1925
  2. Glaze v. GlazeMissouri Court of Appeals · 1958
  3. Thomas v. BlackwellSupreme Court of Oklahoma · 1935
  4. Wheeler v. FlintoffSupreme Court of Virginia · 1931
  5. Bramwell v. OwenDistrict Court, D. Oregon · 1921

9 more not listed; retrieve them via the Exa API.

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