Fuson v. Stewart
Court of Appeals of Kentucky
CASE 89. — ACTION BY WILLIAM FUSON AGAINST BOND STEWART AND ANOTHER TO RECOVER A PENALTY FOR HIS REFUSAL TO OBEY A WRIT OF HABEAS CORPUS — Appeal from Whitley Circuit Court. W. T. Davis, Circuit Judge. Prom a judgment of dismissal plaintiff appeals.-—
1Opinion of the Court
*749Opinion op the Court by
Wm. Rogers Clay, Commissioner
Affirming.
Section 402 of tlie Criminal Code is as follows: ‘ ‘ The writ must he directed to the person having custody of, or restraining, the person in whose behalf the application is made, and must command Mm to have the body of such person, at the court-house of tlie county in which the writ is served, before the officer before whom the writ is made returnable, at a time therein specified. It must be made returnable so soon as may be.” Section 409 is as follows: “If the person to whom the writ is directed refuse, after service, to obey the…
2Cases cited1 opinion
- Boyd v. RandolphCourt of Appeals of Kentucky · 1891
3Cited by2 opinions
- Stewart v. FusonCourt of Appeals of Kentucky · 1913
- Stewart v. B. of D. Com's of Marshall CountyCourt of Appeals of Kentucky (pre-1976) · 1931