In re the habeas corpus for Fitton

Ingraham, Justice.

Keefe made return to the writ, that he had no opposition to the discharge, and had no further return to make thereon, whereupon the prisoner was discharged, and before leaving the court-room, without any warrant or process, Keefe again arrested the prisoner, and carried him back to the same prison. If such a proceeding could be toler*304ated, the writ of habeas corpus would be of no avail, for as often as a man was declared to be illegally imprisoned, he could be arrested on another charge, and carried back to prison. If Keefe had any authority to make the arrest, he should have…