Legal Opinion

In re Kalanianaole

Hawaii Supreme Court

Decided July 2, 1895PublishedCited by 7 opinions

Habeas Coepos. Tlie petition, filed May 20, 1895, and addressed to tlie Cliief Justice, is as follows: Tlie petition of J. 0. Kalanianaole respectfully shows: That lie is a resident of Honolulu, Island of Oaliu, and is unlawfully and unjustly restrained of His liberty and imprisoned by one James A. Low, in Oaliu Prison, at said Honolulu, Island of Oaliu, by virtue of a pretended commitment or order in words and figures following, to wit: General Headquarters, National Guard…

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Habeas Coepos. Tlie petition, filed May 20, 1895, and addressed to tlie Cliief Justice, is as follows: Tlie petition of J. 0. Kalanianaole respectfully shows: That lie is a resident of Honolulu, Island of Oaliu, and is unlawfully and unjustly restrained of His liberty and imprisoned by one James A. Low, in Oaliu Prison, at said Honolulu, Island of Oaliu, by virtue of a pretended commitment or order in words and figures following, to wit: General Headquarters, National Guard of Hawaii, Honolulu, Island of Oaliu, H. I., March 8, 1895. General Court Martial Orders, No. 175. I. Before a Military…

1Opinion of the Court

OPINION OF THE COURT, BY

FREAR, J.

The facts out of which this case arose and of which the Court takes notice, either as set forth in the pleadings or as being matters of common historical knowledge, and for the most part referred to in the arguments and briefs of counsel, are substantially as follows:

On the evening of the 6th of January last an insurrection broke out in the suburbs of Honolulu, the object of which was the overthrow of the Republic and the restoration of the Monarchy. The full extent, of the conspiracy is unknown, but it was carefully planned and was evidently deemed by its…

2Cases cited15 opinions

  1. Ex Parte MilliganSupreme Court of the United States · 1867
  2. Luther v. BordenSupreme Court of the United States · 1849
  3. Stewart v. KahnSupreme Court of the United States · 1871
  4. Cheever v. WilsonSupreme Court of the United States · 1870
  5. CROSS v. HarrisonSupreme Court of the United States · 1854

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3Cited by7 opinions

  1. Duncan v. KahanamokuSupreme Court of the United States · 1946
  2. Kahanamoku v. DuncanCourt of Appeals for the Ninth Circuit · 1945
  3. Ex Parte SpurlockDistrict Court, D. Hawaii · 1944
  4. Duncan v. KahanamokuSupreme Court of the United States · 1946
  5. In re the Appeal of CumminsHawaii Supreme Court · 1911

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