Ex parte Hatch
Supreme Court of Vermont
HABEAS CORPUS. — On the first day of this term, Uriel C. Hatch preferred his petition to this Court, representing that he was unlawfully restrained of his liberty in the common jail of Windham county, by Paul Chase, Esq. sheriff of said county, and praying that a writ of habeas corpus may issue to the said sheriff, forthwith to bring said Hatch before the Court, with the cause of his commitment.
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HABEAS CORPUS. — On the first day of this term, Uriel C. Hatch preferred his petition to this Court, representing that he was unlawfully restrained of his liberty in the common jail of Windham county, by Paul Chase, Esq. sheriff of said county, and praying that a writ of habeas corpus may issue to the said sheriff, forthwith to bring said Hatch before the Court, with the cause of his commitment. The petitioner, instead of relying upon his general affidavit of the unlawful detention, produced in Court a copy of the execution upon which he was detained, as he supposed, toge.ther with a…
1Opinion of the CourtPrentiss, J.
The prisoner must be discharged. It appears by the execution and the copy of the record of the judgment, that the proceedings were not had under the act of 1821, under which alone executions can issue running 120 days; and it appears that the commitment was after the first sixty days had expired. The judgment was confessed under the authority of the act of 1797, under which an execution can run but sixty days. But I think, in case of offsets, a justice may-render a judgment for more than $100. The statute directs judgment to.be rendered, in such case, for the balance, without limitation.
Hutchi…
2Cited by1 opinion
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