Pomeroy v. Lappeus
Oregon Supreme Court
Appeal from Multnomah. On the 7th day of July, 1880, the respondent applied by petition to the Hon. Ealeigh Stott, j’udge of the fourth judicial district, for a writ of habeas corpus, directed to the appellant. The petition set forth the unlawful imprisonment of the petitioner, the place thereof, and supposed cause. The writ was issued as prayed for, and made returnable before said judge, at 9 o’clock the following morning.
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Appeal from Multnomah. On the 7th day of July, 1880, the respondent applied by petition to the Hon. Ealeigh Stott, j’udge of the fourth judicial district, for a writ of habeas corpus, directed to the appellant. The petition set forth the unlawful imprisonment of the petitioner, the place thereof, and supposed cause. The writ was issued as prayed for, and made returnable before said judge, at 9 o’clock the following morning. It was duly served on the appellant, who was chief of police of the city of Portland, the same day it was issued. At the time and place designated in the writ, the…
1Opinion of the Court
By the Court,
Watson, J.:
The demurrer was properly sustained. Under the provisions of our statute relating to the proceeding on habeas corpus the return is a pleading, and is to be construed and have the same effect as in an action. (Section 619, Civil Code.)
The reference to the city ordinance by number, title and date of enactment only, was insufficient. If ot recited in full, at least the provisions of the ordinance of v lich the acts attributed to the respondent were alleged to be a violation, should have been recited. The want of such ¡ legations in the return rendered it fatally defective…
2Cases cited2 opinions
- Harker v. Mayor of New YorkNew York Supreme Court · 1837
- People ex rel. Houston v. Mayor of New YorkNew York Supreme Court · 1851
3Cited by8 opinions
- Anderson v. BrittonOregon Supreme Court · 1957
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- Matson v. SwansonIllinois Supreme Court · 1890
- Mayhew v. City of EugeneOregon Supreme Court · 1910
- MacOmber v. AlexanderOregon Supreme Court · 1953
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