MacOmber v. Alexander

The plaintiff Macomber instituted this action by filing a petition for a writ of habeas corpus. The writ issued and the defendant Alexander filed a return, setting forth a judgment by virtue of which he held the plaintiff in custody in the state penitentiary. The plaintiff filed an amended traverse against which a demurrer was filed by the defendant and sustained by the circuit court. The writ was dismissed with.prejudice and the plaintiff was remanded to the custody of the defendant and the plaintiff appealed. The facts established by the judicial record and alleged in the amended traverse…