Commonwealth v. Byrne
Supreme Court of Virginia
This is a writ of error to a judgment of the Hustings court of the city of Richmond, rendered on a writ of habeas corpus.
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This is a writ of error to a judgment of the Hustings court of the city of Richmond, rendered on a writ of habeas corpus. The defendant in error, in his petition for a writ of habeas corpus, complained that he was unlawfully detained in the county jail of the county of Henrico; and he stated that he was not so held for any crime or misdemeanor, hut was informed and believed that the sheriff claimed to hold him in confinement in, said jail for the non-payment of an alleged assessment made against him in favor of the Commonwealth, for the manufacture of spirituous liquors, amounting, as was…
1Opinion of the Court
Moncure, P.
The petitioner does not claim his discharge from imprisonment upon the ground that the Legislature had not a right to impose the tax, for the non-payment of which he was arrested; nor upon the ground that he did not use and enjoy the privilege on which the tax was imposed; nor upon the ground that he has paid the tax, or any part of it; nor upon the ground that, at the time of his arrest, he had any property out of which the tax, or any part of it, could have been made by a levy thereon. He does not even show, or say, that he has not, in his pocket, or at his command, the means of…
2Cases cited2 opinions
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Rising v. GrangerMassachusetts Supreme Judicial Court · 1804
3Cited by1 opinion
- Langmaid v. LeeNorthumberland County Circuit Court · 2013