In re Jackson
Michigan Supreme Court
In the matter of Samuel W. Jackson on petition of George W. Bissell and John Hosmer, guardians, for a writ of habeas corpus against Samuel S. Taff.
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In the matter of Samuel W. Jackson on petition of George W. Bissell and John Hosmer, guardians, for a writ of habeas corpus against Samuel S. Taff. The petition set forth that the said Samuel W. Jackson was a minor, and that petitioners were his testamentary guardians and entitled to his custody; that the said Taff had caused said minor to be carried out of the state of Michigan and beyond the jurisdiction of the courts of said state, and still continued (through his wife) to keep him out of the state after service of the writ. The respondent moved to quash and set it aside for matters…
1Opinion of the Court
Campbell J.
The question of jurisdiction presented by this motion is, whether, assuming that Taff, in May, 1866, caused the infant Samuel W. Jackson to be removed from this state, with the design of keeping him from the custody of his guardians, and has since that time been instrumental in having him detained beyond the state, this court has authority by the writ, of habeas corpus to compel the child, who has been all this time in other territory, to be brought back to Michigan.
If the court has such authority, and if the case set up by the relators should be made out, there can be no…
2Cases cited5 opinions
- Ableman v. BoothSupreme Court of the United States · 1859
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Commonwealth v. AddicksSupreme Court of Pennsylvania · 1813
- Commonwealth v. HarrisonMassachusetts Supreme Judicial Court · 1814
- United States v. DavisU.S. Circuit Court for the District of District of Columbia · 1839
3Cited by45 opinions
- Rumsfeld v. PadillaSupreme Court of the United States · 2004
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Boumediene v. BushSupreme Court of the United States · 2008
- Ex Parte EndoSupreme Court of the United States · 1945
- Sanders v. AllenCourt of Appeals for the D.C. Circuit · 1938
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