Legal Opinion

Hammond v. People ex rel. Vacaro

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 24 opinions

Writs op Error to the Circuit Court of Cook county; the Hon. George Manieres, Judge, presiding: These writs of error were sued out by David S. Hammond, sheriff of Cook county, for the purpose of bringing in review, before this court, the decisions of the Circuit Court upon two applications, by Joseph Yacaro and Paul Celia, respectively, upon habeas corpus, for discharge from imprisonment. The petitioners allege precisely the same state of facts in both cases.

Read the full summary

Writs op Error to the Circuit Court of Cook county; the Hon. George Manieres, Judge, presiding: These writs of error were sued out by David S. Hammond, sheriff of Cook county, for the purpose of bringing in review, before this court, the decisions of the Circuit Court upon two applications, by Joseph Yacaro and Paul Celia, respectively, upon habeas corpus, for discharge from imprisonment. The petitioners allege precisely the same state of facts in both cases. The petition of Yacaro represents that he is an Italian by birth, and for the last five years has been living, and in business, in…

1Opinion of the Court · WalkerJustice Walker

The question is presented by the record in this case, whether a writ of error lies upon the order rendered upon the hearing of a habeas corpus. By a comparison of the statutes, it will be found, that we have incorporated into our habeas corpus act, all of the material provisions of the British statutes of the 31 Car. II, c. 2, and the 56 Geo. Ill, c. 100. It has be^i frequently said that these statutes were only declaratory of the common law on that subject, with some slight changes in the practice under the writ. Having adopted the substance of the British acts in our statute, we may…

Also in this document: Opinion of the Court · Taney.

2Cases cited14 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  3. Ableman v. BoothSupreme Court of the United States · 1859
  4. Holmes v. JennisonSupreme Court of the United States · 1840
  5. Yates v. PeopleNew York Supreme Court · 1810

9 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Cormack v. MarshallIllinois Supreme Court · 1904
  2. Midland Electric Coal Corp. v. County of KnoxIllinois Supreme Court · 1953
  3. State ex rel. Jackson v. KennieMontana Supreme Court · 1900
  4. People ex rel. Maglori v. SimanIllinois Supreme Court · 1918
  5. Walling v. Norfolk Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1947

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API