Legal Opinion

Pratt v. Allen

Supreme Court of Connecticut

Decided June 15, 1839PublishedCited by 21 opinions

This was a writ of habeas corpus, brought by George Pratt against Gilbert Allen, returnable to Ch. J. Williams, and by him submitted to this court for their advice. | Pratt was arrested by Allen, claiming to be and acting as ; sheriff of the county of Hartford, by virtue of an execution, ¡duly issued and directed to the sheriff of that county; and it j was admitted, that Pratt was legally held in custody, if Allen I was sheriff of the county.

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This was a writ of habeas corpus, brought by George Pratt against Gilbert Allen, returnable to Ch. J. Williams, and by him submitted to this court for their advice. | Pratt was arrested by Allen, claiming to be and acting as ; sheriff of the county of Hartford, by virtue of an execution, ¡duly issued and directed to the sheriff of that county; and it j was admitted, that Pratt was legally held in custody, if Allen I was sheriff of the county. It was further admitted, that he was duly chosen and was legally sheriff, if the act under which he was elected, was valid, or if the proceedings were…

1Opinion of the Court

Williams, Ch. J.

The questions arising upon the facts in this case, were presented to this court, not so much on account of any doubts in the mind of the Judge before whom the writ was returnable, as because it was requested by the counsel for the prisoner, and because of the importance of the result; as in one event, it might affect the service of process almost throughout the state, and leave most of the counties destitute of any executive county office^

The questions we propose to consider, are, whether the act of May, 1838, was constitutional, and the elections under it valid ? For, with…

2Cases cited3 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
  3. Starr v. PeaseSupreme Court of Connecticut · 1831

3Cited by21 opinions

  1. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  2. Alabam's Freight Co. v. HuntArizona Supreme Court · 1926
  3. Sheff v. O'NeillSupreme Court of Connecticut · 1996
  4. State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
  5. State v. McCahillSupreme Court of Connecticut · 2002

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