In re Dalton
Supreme Court of Kansas
Original proceeding in habeas corpus. STATEMENT. The petitioner, J. T. Dalton, complains that he is unlawfully restrained of his liberty by the sheriff of Geary county, alleging that he is held in custody under a warrant issued by a justice of the peace in which he is charged with a violation of chapter 114, Laws of 1891. (Gen. Stat. 1897, ch. 73, §§12-14; Gen. Stat. 1899, §§3710-3713.) The return of the sheriff to the writ sets out the complaint which was filed with the…
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Original proceeding in habeas corpus. STATEMENT. The petitioner, J. T. Dalton, complains that he is unlawfully restrained of his liberty by the sheriff of Geary county, alleging that he is held in custody under a warrant issued by a justice of the peace in which he is charged with a violation of chapter 114, Laws of 1891. (Gen. Stat. 1897, ch. 73, §§12-14; Gen. Stat. 1899, §§3710-3713.) The return of the sheriff to the writ sets out the complaint which was filed with the magistrate and upon which said warrant was issued. The first count was as follows : “That at the county of Geary in the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The law for a violation of which the petitioner is prosecuted is to be regarded as a direction by a principal to his agent — a matter of concern to the principal and agent alone. The state declares by this statute that all laborers, workmen or mechan*262ics engaged in its service shall not work thereunder •more than eight hours per day ; that it will make no contracts for longer hours. A by-law of a corporation might provide that none of its agents should employ persons to labor in its behalf more than eight hours in any one day. Such by-law…
2Cases cited6 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- United States v. MartinSupreme Court of the United States · 1877
- State v. FreemanSupreme Court of Kansas · 1899
- State v. Board of CommissionersSupreme Court of Kansas · 1882
- People v. WarrenNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Malette v. City of SpokaneWashington Supreme Court · 1913
- State v. AtkinSupreme Court of Kansas · 1902
- Keefe v. PeopleSupreme Court of Colorado · 1906
- Byars v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Hall v. UnderwoodSupreme Court of Alabama · 1953
14 more not listed; retrieve them via the Exa API.