Peltier v. Pennington
Supreme Court of New Jersey
Upon application in behalf of the defendant, representing him to be unlawfully imprisoned in the jail of the county of Bergen, the chief justice allowed a habeas corpus, returnable before him at chambers. On Monday, the 24th March, 1834, the prisoner was brought up, attended by his counsel. Notice having been given by the direction of the chief justice, to the plaintiffs, they also attended by their counsel.
Read the full summary
Upon application in behalf of the defendant, representing him to be unlawfully imprisoned in the jail of the county of Bergen, the chief justice allowed a habeas corpus, returnable before him at chambers. On Monday, the 24th March, 1834, the prisoner was brought up, attended by his counsel. Notice having been given by the direction of the chief justice, to the plaintiffs, they also attended by their counsel. By the sheriff’s return to the habeas corpus, the affidavits read, and the facts stated and admitted, the following case appeared. The defendant had been arrested on a cap. ad resp. out…
1Opinion of the CourtHornblower, C. J.
After giving this case all the consideration which the summary nature of the proceeding will admit of, and under all the light which the numerous cases cited, and the very able arguments of counsel have shed upon the subject, I find myself bound by law to remand the prisoner. In doing so, it is not my intention to intimate any opinion, upon the various points that have been discussed respecting the legality and regularity of the proceedings on the part of the plaintiffs. I wish to leave the defendant at liberty, without prejudice by any thing now said, to apply at bar, if he thinks proper to…
2Cases cited6 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Ex Parte KearneySupreme Court of the United States · 1822
- Ex Parte BurfordSupreme Court of the United States · 1806
- Wilson, Ex ParteSupreme Court of the United States · 1810
- Cooper v. BickfordSupreme Court of Pennsylvania · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Court of Common PleasSupreme Court of New Jersey · 1948