Dudley v. McCord
Supreme Court of Iowa
Aptpeal from the order, of Hon. II. G. Henderson, judge * of the Eleventh judicial district of Iowa. The plaintiffs, E. L. Dudley, E. IT. Chapman, P. C. Eldridge and M. 0. Healion, were restrained of their liberty by the defendant, George B. McCord, sheriff of Marshall county, and the defendant, Ii. D. East, deputy sheriff of Marshall county. Being so restrained, they made application to the Hon. IT. C. Henderson for a writ of habeas corpus.
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Aptpeal from the order, of Hon. II. G. Henderson, judge * of the Eleventh judicial district of Iowa. The plaintiffs, E. L. Dudley, E. IT. Chapman, P. C. Eldridge and M. 0. Healion, were restrained of their liberty by the defendant, George B. McCord, sheriff of Marshall county, and the defendant, Ii. D. East, deputy sheriff of Marshall county. Being so restrained, they made application to the Hon. IT. C. Henderson for a writ of habeas corpus. The writ was granted, but upon hearing they were remanded. From the order remanding them they appeal.
1Opinion of the CourtAdams, J.
The plaintiffs were committed to custody by one A. F. Haradon, a justice of the peace, for an alleged contempt of his judicial authority. The application for a writ of habeas corpus was based upon the allegation that the commitment was void, for the reason that the alleged contempt was merely the disobedience of an order, and the order' was made in a matter in which the justice of the peace had no jurisdiction.
The question presented involves a construction of the following provisions of the Code, which are in these words:
“Section 3692. When any person is desirous of obtaining the affidavit of…
2Cases cited2 opinions
- Robb v. McDonaldSupreme Court of Iowa · 1870
- State ex rel. Whitcomb v. SeatonSupreme Court of Iowa · 1883
3Cited by4 opinions
- Miskimmins v. ShaverWyoming Supreme Court · 1899
- In Re PeartCalifornia Court of Appeal · 1935
- Chambers v. OehlerSupreme Court of Iowa · 1899
- Crenshaw v. MillerU.S. Circuit Court for the District of Middle Alabama · 1901