Ex Parte Rowe
California Supreme Court
The return of the officer shows that the prisoner is in custody, by virtue of an order of the Court of the Sixth Judicial District, for refusing to answer certain questions propounded to him as a witness, in a proceeding against Henry Bates, as State Treasurer, to compel the said Bates to file an additional bond of office, as provided by the sixteenth and seventeenth sections of an act concerning the official bonds of officers, passed February 28, 1850. The order of the…
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The return of the officer shows that the prisoner is in custody, by virtue of an order of the Court of the Sixth Judicial District, for refusing to answer certain questions propounded to him as a witness, in a proceeding against Henry Bates, as State Treasurer, to compel the said Bates to file an additional bond of office, as provided by the sixteenth and seventeenth sections of an act concerning the official bonds of officers, passed February 28, 1850. The order of the Court directs, that the prisoner shall stand committed until he complies, by answering the questions propounded. It also…
1Opinion of the CourtMurray, C. J.
Granting for the purposes of this writ, that the Court below had jurisdiction of the subject-matter of the proceeding against the Treasurer; that the questions asked the witness were proper, and he was bound to answer them; that the commitment is regular, and that we cannot go behind it; we are still of opinion that we are bound to discharge him under the provisions of the twentieth section of the Saleas Corpus Act, which provides, that where the imprisonment was at first lawful, yet, by some omission or event which has taken place afterwards, the party has become entitled to be discharged,…
2Cited by24 opinions
- In Re LifschutzCalifornia Supreme Court · 1970
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- Schwarz v. Superior CourtCalifornia Supreme Court · 1896
- Whittem v. StateIndiana Supreme Court · 1871
- In Re McKinneyCalifornia Supreme Court · 1968
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