Ex parte Sternes
California Supreme Court
Application for habeas corpus for the discharge of George H. Sternes, who was confined in the county jail of Nevada County, under a commitment for contempt of the superior court of that county. It was stipulated that the facts set forth in the petition for the writ could be proved by evidence on the part of the prisoner, if admissible, but it was objected that evidence of such facts was incompetent and inadmissible to contradict the recitals in the return.
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Application for habeas corpus for the discharge of George H. Sternes, who was confined in the county jail of Nevada County, under a commitment for contempt of the superior court of that county. It was stipulated that the facts set forth in the petition for the writ could be proved by evidence on the part of the prisoner, if admissible, but it was objected that evidence of such facts was incompetent and inadmissible to contradict the recitals in the return. It appeared from the petition that the said George H. Sternes was a deputy sheriff for Yuba County, in this state. On the fourth day of…
1Opinion of the CourtPaterson, J.
From the stipulation filed herein, it appears the petitioner could prove, if permitted to do so, that at the time of the issuance of the writ of habeas corpus commanding him to produce the body of one Ah Fong, said Ah Fong was in the actual custody of one W. H. Lee in the county of Yuba, and that at the time of the service of the writ upon petitioner said Ah Fong was in the actual custody of the sheriff of Yuba County, at Marysville, and therefore out of the jurisdiction of the superior court of Nevada County on a habeas corpus proceeding (Constitution, art. 6, sec. 5); that the original writ…
2Cases cited7 opinions
- In re Grove StreetCalifornia Supreme Court · 1882
- Dorente v. SullivanCalifornia Supreme Court · 1857
- Ex parte CottrellCalifornia Supreme Court · 1881
- Peck v. StraussCalifornia Supreme Court · 1867
- In re RobbCalifornia Supreme Court · 1884
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3Cited by33 opinions
- In Re PorterfieldCalifornia Supreme Court · 1946
- Lyons v. Superior CourtCalifornia Supreme Court · 1955
- White v. Superior CourtCalifornia Supreme Court · 1895
- Borchard v. Board of SupervisorsCalifornia Supreme Court · 1904
- In re WallaceSupreme Court of Kansas · 1907
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