Commonwealth v. Aves
Massachusetts Supreme Judicial Court
Habeas corpus. On the 17th of August, 1833, upon the petition of Levin H. Harris, of Boston, representing that a colored female child, named Med, of New Orleans, was unlawfully restrained of her liberty by Thomas Aves of Boston ; a writ of habeas corpus was granted by Wilde J., in vacation, directed to the sheriffs of the several counties and their respective deputies, commanding them to have the child before him, and to summon Aves to show the cause of her detention.
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Habeas corpus. On the 17th of August, 1833, upon the petition of Levin H. Harris, of Boston, representing that a colored female child, named Med, of New Orleans, was unlawfully restrained of her liberty by Thomas Aves of Boston ; a writ of habeas corpus was granted by Wilde J., in vacation, directed to the sheriffs of the several counties and their respective deputies, commanding them to have the child before him, and to summon Aves to show the cause of her detention. In showing cause Aves states upon his oath, that he has the child in his custody ; that in 1833, Samuel Slater, a citizen of…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. The question now before the Court arises upon a return to a habeas corpus, originally issued in vacation by Mr. Justice Wilde, for the purpose of bringing up the person of a colored child named Med, and instituting a legal inquiry into the fact of her detention, and the causes for which she was detained. By the provisions of the revised code, the practice upon habeas corpus is somewhat altered. In case the party complaining, or in behalf of whom complaint is made, on the ground of unlawful imprisonment, is not in the custody of an officer, as of a…
2Cases cited4 opinions
- The AntelopeSupreme Court of the United States · 1825
- Inhabitants of Winchendon v. Inhabitants of HatfieldMassachusetts Supreme Judicial Court · 1808
- Butler v. HopperU.S. Circuit Court for the District of Pennsylvania · 1806
- Commonwealth v. HollowaySupreme Court of Pennsylvania · 1816
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