Johnson v. Eberhart, Sheriff

— The appellant was tried and convicted, before a justice of the peace, of a misdemeanor, and, having appealed from said conviction to the circuit court, his bail procured a copy of the recognizance certified by the clerk of said court, and by virtue thereof had one Starrett to take the appellant and deliver him, with said copy, to the appellee, sheriff of St. Joseph county.

The appellant, hf<<, ing been taken and detained in custody by the appellee, sought, in the lower court, the writ of habeas corpus, his petition alleging the facts above stated as the only authority for his detention. The…