Dinckerlocker v. Marsh

The appellant petitioned the Harrison Circuit Court for a writ of habeas corpus, alleging in his petition that the appellee unlawfully restrained him of his liberty ; that the cause of such restraint is a mandate issued on the order of the prosecuting attorney of the said circuit court under the act of April 15th, 1881; that the petitioner was adjudged guilty of a misdemeanor by said circuit court on the 25th day of September, 1880, and that on that day Jacob F. Dinckerlocker replevied the line and costs assessed against the petitioner. The restraint is alleged to be illegal, because, 1st.…