Ex parte Marx
Supreme Court of Virginia
On petition for a writ habeas c'orpus. In December, 1888, a judgment for a fine of two dollars and costs was rendered by Stephen West, a justice of the peace of Warwick county, against the petitioner, Oscar Marx, a Jew, for unlawfully carrying on liis business, as a retail merchant, on a Sabbath day.
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On petition for a writ habeas c'orpus. In December, 1888, a judgment for a fine of two dollars and costs was rendered by Stephen West, a justice of the peace of Warwick county, against the petitioner, Oscar Marx, a Jew, for unlawfully carrying on liis business, as a retail merchant, on a Sabbath day. Upon the rendition of the judgment, the petitioner expressed to the justice a determination not to pay it, whereupon he was committed by the justice to the jail of the said county. The mittimus commands the jailer to receive the said Marx into his jail, “and there him safely keep for the term of…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
Petitioner insists that he is illegally restrained of his liberty on three grounds: (1) Because the justice by whom the judgment was rendered had no jurisdiction to proceed against him, and therefore that the proceedings were coram non judice and void: (2) because the conviction is not warranted by the evidence: and (3) because, even if the justice-had jurisdiction of the case, the commitment is void, because it- transcends the power of the justice.
1. As to the question of jurisdiction.
Section 3799 of the Code provides that “if a person, on a…
2Cases cited10 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Callan v. WilsonSupreme Court of the United States · 1888
- Ex Parte ParksSupreme Court of the United States · 1876
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3Cited by16 opinions
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- In re WalkerNebraska Supreme Court · 1901
- State v. SextonTennessee Supreme Court · 1908
- Berry v. SmithSupreme Court of Virginia · 1927
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