Legal Opinion

In re Barker

Supreme Court of Vermont

Decided January 15, 1884PublishedCited by 11 opinions

Habeas Corpus. This case was tried in the County Court, and by request of the bar is inserted here. Heard, March Term, T883, Yeazet, J.,'presiding.

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Habeas Corpus. This case was tried in the County Court, and by request of the bar is inserted here. Heard, March Term, T883, Yeazet, J.,'presiding. Complaint:' “ That lie is imprisoned and restrained by Roswell R. Mead, constable of the town of Rutland, in the county of Rutland, and the cause or pretense of such imprisonment and restraint is as hereinafter stated : That your petitioner was arrested on the 28th day of March, 1883, by one D. P. Peabody, sheriff, upon a warrant; dated March 26,. 1883, issued by one Jewett P. Cain, a justice of the peace, and was held to bail by said justice in…

1Opinion of the Court

The opinion of the,’court was delivered by

Yeazey, J.

The relator was arrested upon a warrant of Jewett P. Cain, a justice of the peace, and was taken before him to answer (as stated in the warrant) “ to the complaint herereto attached as by the said Horace W. Love, a ‘private person, on oath in writing, has been exhibited by him to mo as aforesaid against the said Barney Barker and to be further dealt with according to law.” Having been thus arrested and brought before said j ustice, the latter placed the relator in the hands of the constable of the town of Butland, who was the officer of said…

2Cases cited7 opinions

  1. In re GreenoughSupreme Court of Vermont · 1858
  2. The People v. . HislopNew York Court of Appeals · 1879
  3. Adams v. WhitcombSupreme Court of Vermont · 1874
  4. Exparte TracySupreme Court of Vermont · 1853
  5. State Treasurer v. RiceSupreme Court of Vermont · 1839

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3Cited by11 opinions

  1. Levy v. AlbrightSupreme Court of Arkansas · 1942
  2. Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
  3. Newby v. District Court of Woodbury CountySupreme Court of Iowa · 1967
  4. State ex rel. Board of Education v. NastSupreme Court of Missouri · 1908
  5. Ex Parte ShowCourt of Criminal Appeals of Oklahoma · 1910

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