Whitcomb's Case
Massachusetts Supreme Judicial Court
Habeas corpus, issued March 13,1876, upon the petition of Ephraim D. Whitcomb, representing that he was unlawfully imprisoned and restrained of his liberty in the common jail in Boston, by John M. Clark, sheriff of the county of Suffolk; that the pretence of said imprisonment and restraint was a warrant or order purporting to have been issued by the common council of the city of Boston, a copy of which was annexed to the petition ; that the warrant or order had heen issued…
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Habeas corpus, issued March 13,1876, upon the petition of Ephraim D. Whitcomb, representing that he was unlawfully imprisoned and restrained of his liberty in the common jail in Boston, by John M. Clark, sheriff of the county of Suffolk; that the pretence of said imprisonment and restraint was a warrant or order purporting to have been issued by the common council of the city of Boston, a copy of which was annexed to the petition ; that the warrant or order had heen issued improvidently and in violation of law. The order of the common council, signed by the president thereof, was as follows :…
1Opinion of the CourtGray, C. J.
By the twelfth article of the Declaration of Bights prefixed to the Constitution of the Commonwealth, “ no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate, but by the judgment of his peers or the law of the land.”
This article is a reenactment of the provision of Magna Charta, c. 29, that “ no freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any other wise destroyed; nor…
2Cases cited8 opinions
- Anderson v. DunnSupreme Court of the United States · 1821
- Emery's caseMassachusetts Supreme Judicial Court · 1871
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- In Re ChilesSupreme Court of the United States · 1875
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
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3Cited by33 opinions
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- Bloom v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
- Jurney v. MacCrackenSupreme Court of the United States · 1935
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
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