In re Hosley
Supreme Court of Vermont
Habeas Corpus. The petitioner alleged, that he was imprisoned in jail by virtue of mesne process, in an action of assumpsit, signed by a justice of the peace, in favor of Sumner S. Wheeler of Plymouth, demanding in damages the sum of $70 ; that when he was arrested, he gave notice to the officer, that he should forthwith appear before the magistrate, who signed the writ, and submit himself to examination on oath, upon the question whether he was about to abscond or remove…
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Habeas Corpus. The petitioner alleged, that he was imprisoned in jail by virtue of mesne process, in an action of assumpsit, signed by a justice of the peace, in favor of Sumner S. Wheeler of Plymouth, demanding in damages the sum of $70 ; that when he was arrested, he gave notice to the officer, that he should forthwith appear before the magistrate, who signed the writ, and submit himself to examination on oath, upon the question whether he was about to abscond or remove from the state, and had secreted about his person, or elsewhere, money, or other property; that he caused a notice to the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this case the petitioner asks to be discharged, for the reason, that he is committed on mesne process, issued against his body by a justice of the peace, upon the affidavit of the creditor, when he offered himself to be examined, under the late statute, [Acts of 1845, p. 17,] in regard to the grounds, upon which the writ issued as a capias, and the justice declined examining him,— and also for the reason, that the creditor has already brought suit for the same cause of action, and attached property to twice the amount of the sum due.
It…
2Cases cited1 opinion
- Hathaway v. HolmesSupreme Court of Vermont · 1828
3Cited by5 opinions
- In re PowersSupreme Court of Vermont · 1853
- In re HackettSupreme Court of Vermont · 1881
- State ex rel. Welsh v. TowleSupreme Court of New Hampshire · 1861
- In Re BlakeSupreme Court of Vermont · 1934
- In re FootSupreme Court of Vermont · 1859