Legal Opinion

Parks

Montana Supreme Court

Decided January 15, 1880PublishedCited by 5 opinions

The applicant in this case was at tbe time confined in the Deer Lodge county jail, under commitment issued by the police magistrate of Butte City in that county. The ground of the application was that such magistrate was not a legal officer and his acts were nullities. The application was first made to the judge of the second district and refused.

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The applicant in this case was at tbe time confined in the Deer Lodge county jail, under commitment issued by the police magistrate of Butte City in that county. The ground of the application was that such magistrate was not a legal officer and his acts were nullities. The application was first made to the judge of the second district and refused. It was then presented to the supreme court at its August term, 1879. The ease is not res adjudicate/, by having once been presented to the judge of second district court and refused. Ex parte Kelly, 28 Cal. 414; Perldns1 case, 2 id. 424; Ex parte…

1Opinion of the Court

Wade, O. J.

The prisoner comes before this court on a writ of habeas corpus. It appears from the return to the writ that the petitioner, William J. Parks, is imprisoned in the jail of Deer Lodge county by the sheriff thereof under a commitment from the police court of the city of Butte, on a conviction for assault and battery, and that the term of imprisonment has not yet expired.^

In this proceeding the petitioner seeks to attack the validity of section 2, article 5, and sections 20 and 22, article 7, of an áct to incorporate the town of Butte (11th Session Laws, pp. 80, 86, 87) which sections…

2Cases cited15 opinions

  1. State v. JohnstonTennessee Supreme Court · 1847
  2. Brown v. O'ConnellSupreme Court of Connecticut · 1870
  3. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
  4. People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
  5. Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865

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

3Cited by5 opinions

  1. Walcott v. WellsNevada Supreme Court · 1890
  2. Felker v. CaldwellIndiana Supreme Court · 1919
  3. State ex rel. Buckner v. Mayor of ButteMontana Supreme Court · 1910
  4. Carland v. Commissioners of Custer CountyMontana Supreme Court · 1885
  5. In re SimmonsNevada Supreme Court · 1912

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