People v. Bradley
Illinois Supreme Court
• This was an application to this court in term time for a writ of habeas corpus, by the relator, M. C. Hickey, in the name of the people,, to be discharged from imprisonment. It appears that a warrant was issued by a justice- of the peace of Cook county, for the arrest of one Eli Brown, on a charge of having committed burglary in the State of Indiana. The proceeding was under our extradition statute.
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• This was an application to this court in term time for a writ of habeas corpus, by the relator, M. C. Hickey, in the name of the people,, to be discharged from imprisonment. It appears that a warrant was issued by a justice- of the peace of Cook county, for the arrest of one Eli Brown, on a charge of having committed burglary in the State of Indiana. The proceeding was under our extradition statute. Brown was arrested by relatpr, and whilst in his custody, Brown, on the 15th day of August, 1871, applied to the.criminal court of Cook county for, and obtained, a writ of habeas corpus, which…
1Opinion of the CourtJustice McAllister
This is a proceeding upon habeas corpus issued out of this court upon the application of Michael C. Hickey, alleging that he was unlawfully imprisoned by the sheriff of Cook county. The sheriff has returned, as the cause of the caption and detention of the relator, an attachment issued by the criminal court of Cook county against him for a contempt in failing to produce the body of Eli Brown upon a writ of habeas corpus.
The illegality of relator’s imprisonment is based .upon two grounds: 1st. That the criminal court had no jurisdiction to issue the writ of habeas corpus; that it was wholly…
2Cases cited2 opinions
- Wade v. JudgeSupreme Court of Alabama · 1843
- Patriotic Bank v. CooteU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by13 opinions
- Fedderwitz v. LambSupreme Court of Georgia · 1943
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- State Ex Rel. Agnew v. SchneiderNorth Dakota Supreme Court · 1977
- Pettibone v. West Chicago Park CommissionersIllinois Supreme Court · 1905
- State ex rel. Ohlquist v. SwanNorth Dakota Supreme Court · 1890
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