Ex parte Jerman
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear.
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Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear. After the usual formal allegations, it is alleged that the pretended cause of imprisonment is under color of a void judgment of the circuit court of which the following is a copy, omitting the formal portions of the document: “State of Oregon v. Francesco Roberto and Lorus Martinez. On this day the State of Oregon appearing by W. C. Winslow, deputy district…
1Opinion of the CourtJustice McBride
1. This is the first application for the exercise of the original jurisdiction of this court conferred by the constitutional amendment, adopted at the last general election. Counsel for petitioners in the able brief filed by *391him has, with a fairness as commendable as it is rare, cited the leading authorities both for and against the position contended for by him.
Under the provisions of the original constitution cited in the statement of the case, we think there can be little question that this court had no power to issue the writ; that power being vested exclusively in the circuit and county…
2Cases cited2 opinions
- Citizens Street Railroad v. HeathIndiana Court of Appeals · 1901
- Nicklaus v. GoodspeedOregon Supreme Court · 1910
3Cited by27 opinions
- Clifford Daugharty v. Clarence T. Gladden, Warden, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1958
- Sweet v. CuppCourt of Appeals for the Ninth Circuit · 1981
- State of Oregon v. KuhnhausenOregon Supreme Court · 1954
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
- Rico-Villalobos v. GiustoOregon Supreme Court · 2005
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