In re Vanderberg
Supreme Court of Kansas
Original Proceedings in Habeas Corpus. Petition filed in this court on June 8,1882, on behalf of Franklin Vanderberg, for writ of habeas corpus. The petition alleges: 1. That the said Franklin Vanderberg is illegally restrained of his liberty by one Henry Hopkins, warden of the penitentiary of the state of Kansas, at the penitentiary of said state, at Lansing, Kansas. 2. The cause and pretense of his restraint, according to the best knowledge and belief of the said J. Gr.
Read the full summary
Original Proceedings in Habeas Corpus. Petition filed in this court on June 8,1882, on behalf of Franklin Vanderberg, for writ of habeas corpus. The petition alleges: 1. That the said Franklin Vanderberg is illegally restrained of his liberty by one Henry Hopkins, warden of the penitentiary of the state of Kansas, at the penitentiary of said state, at Lansing, Kansas. 2. The cause and pretense of his restraint, according to the best knowledge and belief of the said J. Gr. Mohler, is by virtue of a certain pretended order of commitment, pretended to have been issued by the, district court of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question in this case is, whether the conviction and sentence of the petitioner, Franklin Vanderberg, in the district court of Ellis county at the April term for 1882, were absolutely void. It is alleged on the part of the petitioner that there is not, and never was, any seven*253teenth judicial district in this state; that Ellis county, at the date of the conviction and sentence, was, and continues to be, a part of the fourteenth judicial district of the state; that W. H. Pratt was not the regular judge of the fourteenth judicial…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Division of Howard CountySupreme Court of Kansas · 1875
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
- People v. KingCalifornia Supreme Court · 1865
- Pond v. MaddoxCalifornia Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Weyand v. StoverSupreme Court of Kansas · 1886
- Missouri, Kansas & Texas Railway Co. v. SimonsSupreme Court of Kansas · 1907
- Smith v. RobertsonSupreme Court of Kansas · 1942
- City of Belleville v. WellsSupreme Court of Kansas · 1906
- Illonois v. Illinois Cent. R.United States Circuit Court · 1888
5 more not listed; retrieve them via the Exa API.