Legal Opinion

In re Hess

Court of Appeals of Kansas

Decided April 13, 1897No. 256PublishedCited by 19 opinions

Original proceeding in habeas corpus. The petitioners, Charles Hess and Reuben Orr, made an application in due form to Hon. B. F. Milton, one of the judges of the Kansas Court of Appeals of the Southern Department, for a writ of habeas corpus.

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Original proceeding in habeas corpus. The petitioners, Charles Hess and Reuben Orr, made an application in due form to Hon. B. F. Milton, one of the judges of the Kansas Court of Appeals of the Southern Department, for a writ of habeas corpus. The cause was submitted to the judges upon the. following agreed statement of facts ; “ It is agreed by and between the petitioners by H. J. Bone and M. W. Sutton, their attorneys, and George M. Grimes, respondent,'by Temple Houston, his attorney, that the above entitled cause may be heard upon the following agreed statement of facts, not only in this…

1Opinion of the Court

*768 1. Jurisdiction.

Dennison, P. J.

It is contended on behalf of the

petitioners that the District Court of Woodward County, Oklahoma, had jurisdiction of the petitioners. *768The case of Taylor v. Taintor (16 Wall. 366) and other cases are cited in support of the contention. That on December 18, 1896, the Woodward County District Court had jurisdiction of the petitioners, is not controverted. Neither is there any question that on that day the Territory of Oklahoma waived its jurisdiction by the act of its Governor in delivering up the petititioners to the agent of the State of JCansas Upon the…

2Cases cited1 opinion

  1. Taylor v. TaintorSupreme Court of the United States · 1873

3Cited by19 opinions

  1. In Re WhittingtonCalifornia Court of Appeal · 1917
  2. State v. SaundersSupreme Court of Missouri · 1921
  3. Ex Parte GuyCourt of Criminal Appeals of Oklahoma · 1928
  4. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928
  5. Andrew Thompson v. William H. Bannan, Warden, State Prison of Southern MichiganCourt of Appeals for the Sixth Circuit · 1962

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