Legal Opinion

Williamson v. Lewis

Supreme Court of Pennsylvania

Decided May 6, 1861PublishedCited by 14 opinions

Certificate from the Court at Nisi Prius. This was an action of debt, brought by Passmore Williamson against Ellis Lewis, late a Judge of the Supreme Court of Pennsylvania, to recover the penalty of three hundred pounds, given by the 13th section of the Act of February 18th 1785, for refusing to grant him a writ of habeas corpus.

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Certificate from the Court at Nisi Prius. This was an action of debt, brought by Passmore Williamson against Ellis Lewis, late a Judge of the Supreme Court of Pennsylvania, to recover the penalty of three hundred pounds, given by the 13th section of the Act of February 18th 1785, for refusing to grant him a writ of habeas corpus. The case was this :■ — • On the 18th day of July 1855, the petition of John H. Wheeler was presented to the Hon. John K. Kane, of the District Court of the United States, in and for the Eastern District of Pennsylvania, setting forth that he was the owner of Jane,…

1Opinion of the Court

The opinion of the court was delivered,

by Lowrie, C. J.

The plaintiff was committed to prison by the District Court of the United States, for a contempt of court, in refusing to answer to a writ of habeas corpus. And thereupon he applied to the defendant, then Chief Justice of this court, for a writ of habeas corpus, and his petition was refused. The plaintiff regards this as an injury to him, and therefore he brings this suit for the penalty prescribed by the Act of Assembly against any judge who shall refuse to issue a habeas corpus as “ required by the act.” He was nonsuited below. Is this…

2Cases cited4 opinions

  1. Ex Parte KearneySupreme Court of the United States · 1822
  2. Yates v. LansingNew York Supreme Court · 1810
  3. In re the case of YatesNew York Supreme Court · 1809
  4. Commonwealth ex rel. Davis v. LeckySupreme Court of Pennsylvania · 1832

3Cited by14 opinions

  1. Commonwealth Ex Rel. Stevens v. MyersSupreme Court of Pennsylvania · 1965
  2. Commonwealth ex rel. Greevy v. ReifsteckSupreme Court of Pennsylvania · 1921
  3. Commonwealth Ex Rel. Paylor v. ClaudySupreme Court of Pennsylvania · 1951
  4. Commonwealth Ex Rel. Levine v. FairSupreme Court of Pennsylvania · 1958
  5. Commonwealth v. GibbonsSuperior Court of Pennsylvania · 1899

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