Ex parte Bushnell
Ohio Supreme Court
On habeas corpus before the judges of the Supreme Court of Ohio, at Chambers, May, 1859. On the 16th day of May, 1859, separate applications were made, in due form of law, on behalf of Simeon Bushnell and Charles Langston, to the Honorable Josiah Scott, one of the judges of the Supreme Court of Ohio, for his orders allowing writs of habeas corpus to be issued by the clerk of said court, directed to David L„ Wightman, sheriff of Cuyahoga county, by whom, as was said, the said…
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On habeas corpus before the judges of the Supreme Court of Ohio, at Chambers, May, 1859. On the 16th day of May, 1859, separate applications were made, in due form of law, on behalf of Simeon Bushnell and Charles Langston, to the Honorable Josiah Scott, one of the judges of the Supreme Court of Ohio, for his orders allowing writs of habeas corpus to be issued by the clerk of said court, directed to David L„ Wightman, sheriff of Cuyahoga county, by whom, as was said, the said Simeon *Bushnell and Charles Langston were held in custody, in the jail of said county, and thereby unlawfully deprived…
1DissentSutlot, J.
I am unable to concur in the opinion expressed by the majority of the court, that the relators are legally imprisoned; and I will here express the reasons of my dissent.
While the minority of the court differ with the majority in the conclusions to which they have arrived, I believe there is no difference in our views upon those propositions constituting the premises-from which the conclusions I arrive at are deduced.
We all agree that if the act of Congress under which the relators have been convicted is unconstitutional, their imprisonment is illegal, and they ought to be discharged.
We agree…
2Cases cited7 opinions
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- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- In re BoothWisconsin Supreme Court · 1854
- Jack v. MartinNew York Supreme Court · 1834
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