Smallman v. Gladden

The plaintiff filed a petition for a writ of habeas corpus in the Circuit Court of the State of Oregon for Marion County. The defendant Gladden as warden of the penitentiary made his return against which the plaintiff filed an amended and supplemental traverse. The defendant demurred to portions of the traverse and filed a general denial as to the rest. The demurrer was sustained. Thereafter the issues of fact were tried by the court. The proceeding was dismissed and the defendant was remanded to the custody of the defendant. Plaintiff appeals.

The return to the writ is in usual form. It sets…