Legal Opinion

Emery's case

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 107 opinions

Habeas corpus, issued May 3, 1871, to John Morrissey, sergeant-at-arms of the general court, upon the petition of Henry Emery, which represented that the respondent was holding him imprisoned in the state house, and that the cause and pretence of the imprisonment were as follows : That the petitioner was summoned to appear as a witness before a joint special committee of the senate and house of representatives of the general court “ to inquire if the state police is guilty…

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Habeas corpus, issued May 3, 1871, to John Morrissey, sergeant-at-arms of the general court, upon the petition of Henry Emery, which represented that the respondent was holding him imprisoned in the state house, and that the cause and pretence of the imprisonment were as follows : That the petitioner was summoned to appear as a witness before a joint special committee of the senate and house of representatives of the general court “ to inquire if the state police is guilty of bribery and corruption,” and in obedience to the summons appeared before the committee at the state house, when…

1Opinion of the CourtWells, J.

The petitioner represents that he is imprisoned and restrained of his liberty, at the state house in Boston, by John Morrissey, sergeant-at-arms of the general court of Massachusetts. Upon return made to the writ, and a hearing of the parties before the court, it appears that the petitioner is held by the respondent under a warrant of commitment, in due form of law, issued by order of the senate, under the hand of the president thereof, requiring the respondent, as sergeant-at-arms of that body, “ to commit the said Henry Emery to the common jail of the county of Suffolk, to be there…

2Cases cited2 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861

3Cited by107 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Watkins v. United StatesSupreme Court of the United States · 1957
  4. People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
  5. Blaisdell v. CommonwealthMassachusetts Supreme Judicial Court · 1977

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