State ex rel. Sharpe v. Banks

Sharpe, the appellant, petitioned the judge of the Delaware Circuit Court, in vacation, for a writ of habeas corpus, directed to Banks, requiring him to bring before the judge at chambers, a certain male child, aged three years and five months, and show the cause of his detention.

The petition stated that Sharpe was the father of the child, the mother being dead, and that said Banks was the grand-father. A writ of habeas corpus was accordingly issued, and made returnable before the judge at the court house in Munde, on Saturday, February 13th, 1864, at 9 o’clock A. M. No return was made to the…