Knowlton v. Baker
Supreme Judicial Court of Maine
ON EXCEPTIONS. Habeas corpus. The court held that the petitioner as a matter of legal right was entitled to be discharged from his imprisonment and ordered his discharge. The respondent alleged exceptions which "being seasonably presented and found correct are allowed, if allowable; the full court to determine whether exceptions will be in the case stated.”
1Opinion of the CourtWalton, J.
Exceptions do not lie to the discharge of a prisoner on habeas corpus. The object of the writ is to secure the right of personal liberty; and this can only be accomplished by prompt action and a speedy trial. To allow exceptions to the order of the court in term time, or to the order of a judge in vacation, discharging a prisoner, would necessarily result in considerable delay, and thus defeat one of the principal purposes of the writ, namely, a speedy release. True, errors may result *203from such hasty action, and parties interested in the imprisonment of the person released, may thereby…
2Cited by4 opinions
- Wisener, Sheriff v. BurrellSupreme Court of Oklahoma · 1911
- Ex Parte SullivanNevada Supreme Court · 1948
- In re BarkerSupreme Court of Vermont · 1884
- Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912