Ex parte Bushnell
Ohio Supreme Court
On habeas corpus before the judges of the Supreme Court of Ohio, at Chambers, May, 1859. On the 16th day of May, 1859, separate applications were made, in due form of law, on behalf of Simeon Bushnell and Charles Langston, to the Honorable Josiah Scott, one of the judges of the Supreme Court of Ohio, for his orders allowing writs of habeas corpus to be issued by the clerk of said court, directed to David L„ Wightman, sheriff of Cuyahoga county, by whom, as was said, the said…
Read the full summary
On habeas corpus before the judges of the Supreme Court of Ohio, at Chambers, May, 1859. On the 16th day of May, 1859, separate applications were made, in due form of law, on behalf of Simeon Bushnell and Charles Langston, to the Honorable Josiah Scott, one of the judges of the Supreme Court of Ohio, for his orders allowing writs of habeas corpus to be issued by the clerk of said court, directed to David L„ Wightman, sheriff of Cuyahoga county, by whom, as was said, the said Simeon *Bushnell and Charles Langston were held in custody, in the jail of said county, and thereby unlawfully deprived…
1Opinion of the CourtJ. R. Swan, C. J.
It is proper to say, that the Supreme Court of the state in regular session have no more judicial *power or discretion, in determining questions which arise upon habeas corpus, than a probate judge of the county. Each must be governed by the same rules, and both are invested with the same powers — no more and no less.
The relators being brought before us on habeas corpus, our inquiry must be confined to such questions as are properly cognizable under that writ.
The affidavits of the relators, without disclosing the cause of their imprisonment, set forth that they were unlawfully imprisoned. The…
2Cases cited12 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Ableman v. BoothSupreme Court of the United States · 1859
- Moore v. IllinoisSupreme Court of the United States · 1852
7 more not listed; retrieve them via the Exa API.