Legal Opinion

Hibler v. State

Texas Supreme Court

Decided July 1, 1875PublishedCited by 18 opinions

Appeal from Dallas. Tried below before the Hon. Silas Hare. On the 15th of April, 1875, the relator applied to and obtained a writ of habeas corpus from Hon. Silas Hare, judge of the Criminal District Court of Dallas city, directed to Clifton Scott, and returnable on the 17th of April. On the 19th Scott made his return.

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Appeal from Dallas. Tried below before the Hon. Silas Hare. On the 15th of April, 1875, the relator applied to and obtained a writ of habeas corpus from Hon. Silas Hare, judge of the Criminal District Court of Dallas city, directed to Clifton Scott, and returnable on the 17th of April. On the 19th Scott made his return. On 21st of April Hibler filed Ms amended petition and application in aid of his original application, denying the authority or jurisdiction of Governor Coke to issue the warrant for his arrest, and further denying that he was a fugitive from justice. In support of his denial…

1Opinion of the Court

Roberts, Chief Justice.

The court below having granted the writ of habeas corpus, the prisoner was produced in court by Clifton Scott, the person having him in custody, with a return of the cause of his detention, which consists of the order of the Governor of Texas and the copy of a judgment of the Supreme Court of the State of Texas, on the 14th day of April, 1875, in the matter of habeas corpus then determined upon the application of said Hibler, in which he was then and there by said court remanded to the custody of Clifton Scott, agent of the State *199of Mississippi, who had detained him…

2Cases cited1 opinion

  1. Ex parte ThorntonTexas Supreme Court · 1853

3Cited by18 opinions

  1. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  2. People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
  3. State v. ParrishSupreme Court of Alabama · 1941
  4. Ex parte StateSupreme Court of Alabama · 1883
  5. United States v. Joseph MarshallCourt of Appeals for the Seventh Circuit · 1988

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