Ex parte Jerman
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear.
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Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear. After the usual formal allegations, it is alleged that the pretended cause of imprisonment is under color of a void judgment of the circuit court of which the following is a copy, omitting the formal portions of the document: “State of Oregon v. Francesco Roberto and Lorus Martinez. On this day the State of Oregon appearing by W. C. Winslow, deputy district…
1ConcurrenceJustice Eakin
delivered the following concurring opinion.
It is urged by the petitioners that the writ of habeas corpus is appellate in its operation, and therefore should *394be issued as a matter of right. They rely largely upon the cases of Ex parte Clarke, 100 U. S. 399 (25 L. Ed. 715), and Ware v. Sanders (Iowa) 124 N. W. 1081. In both of these cases it is recognized as a proceeding, when issued by the supreme court, by which the judgment of the lower court may be reviewed, in so far as to ascertain whether the court had jurisdiction or its judgment was void for any other reason. But, by the Constitution…
2Cases cited14 opinions
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte YergerSupreme Court of the United States · 1869
- Ex Parte ClarkeSupreme Court of the United States · 1880
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
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