In re Ebenhack
Supreme Court of Kansas
Error from, Greenwood District Court. ■ Ebenhack petitioned for a writ of habeas corpus. His petition, (substituting the word “petitioner,” for “plaintiff,” with other necessary clerical corrections,) is as follows: To the Hon. E. B. Peyton, Judge of the Fifth Judicial District, State of Kansas: The petitioner respectfully represents to your honor, that he is now held in custody and restrained of his liberty by one J. L. Baker, sheriff of Greenwood county, state of Kansas,…
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Error from, Greenwood District Court. ■ Ebenhack petitioned for a writ of habeas corpus. His petition, (substituting the word “petitioner,” for “plaintiff,” with other necessary clerical corrections,) is as follows: To the Hon. E. B. Peyton, Judge of the Fifth Judicial District, State of Kansas: The petitioner respectfully represents to your honor, that he is now held in custody and restrained of his liberty by one J. L. Baker, sheriff of Greenwood county, state of Kansas, in the city of Eureka in the said county and state; that the cause and pretense of such restraint by said Baker is, that…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The single question in this case is, as to the constitutionality of section 18, page 881, of the General Stat*621utes. That provides in effect, that when upon a trial before a justice of the peace for misdemeanor it shall be found that the prosecution was instituted maliciously, or without probable cause, the prosecuting witness shall be adjudged to pay the costs, and unless a bond is given therefor shall be committed to the county jail until they are paid. It is objected that such an imprisonment would not be upon “ due process of law,” and…
2Cases cited2 opinions
- State v. DonnellSupreme Court of Iowa · 1861
- State v. . DarrSupreme Court of North Carolina · 1869
3Cited by8 opinions
- In re BoydSupreme Court of Kansas · 1886
- Kennedy v. PeopleIllinois Supreme Court · 1887
- State ex rel. McCaslin v. SmithWisconsin Supreme Court · 1886
- Farwell v. LairdSupreme Court of Kansas · 1897
- Colby v. BackusWashington Supreme Court · 1898
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