Carpenter v. Berry

The petition for habeas corpus must be denied, and in so deciding we are treating the matter as though the petition were properly amended by adding an application for a writ of certiorari. Kruzas v. O’Dowd, 83 N. H. 173. Since calling for the mittimus was an administrative rather than a judicial function (Couture v. Brown, 82 N. H. 459) neither reason nor authority appear to prevent the Municipal Court from entrusting the performance of this act to the city marshall who was by virtue of statute a constable and conservator of the peace. R. L., c. 65, s. 9. But as was said in the Couture case…