People ex rel. Porteus v. Barton
Supreme Court of Colorado
Habeas Corpus. ■ Hearing upon officer’s return to writs. The petitioners, Hercules S. Porteus and Denyse Bose Porteus, were required by order of the district court of Arapahoe county to furnish bail upon a writ of ne exeat república, and, upon failing so to do, were placed in custody of the sheriff of Arapahoe county. For the purpose of testing the legality of the imprisonment, they now apply to this court to be discharged upon habeas corpus.
Read the full summary
Habeas Corpus. ■ Hearing upon officer’s return to writs. The petitioners, Hercules S. Porteus and Denyse Bose Porteus, were required by order of the district court of Arapahoe county to furnish bail upon a writ of ne exeat república, and, upon failing so to do, were placed in custody of the sheriff of Arapahoe county. For the purpose of testing the legality of the imprisonment, they now apply to this court to be discharged upon habeas corpus. There are two separate applications. The causes, however, were consolidated for the purposes of argument and determination. The admitted facts, so far…
1Opinion of the CourtJustice IIayt
Plaintiff’s case, as made by the bill filed in the court below, presented a strong appeal for the exercise in her behalf of the chancery power of that tribunal to its utmost limit. The case of an orphan child of tender years seeking the aid of the court to preserve to her the estate descending from her deceased parent is certainly one in which a chancellor should be diligent in endeavoring to extend all relief proper in the premises. The settled policy of the law requires this to be done even in cases in which the guardian or prochein ami does not properly claim such rights. Hutchinson v.…
2Cases cited13 opinions
- Ex Parte ParksSupreme Court of the United States · 1876
- McNamara v. DwyerNew York Court of Chancery · 1838
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Darling v. McDonaldIllinois Supreme Court · 1882
- Bassett v. BrattonIllinois Supreme Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bronk v. StateSupreme Court of Florida · 1901
- Rausch v. CozianSupreme Court of Colorado · 1929
- Elkay Steel Co. v. CollinsSupreme Court of Pennsylvania · 1958
- Ohmie v. MartinezSupreme Court of Colorado · 1960
- In re NashSupreme Court of Colorado · 1916