In re Clark
Supreme Court of Connecticut
Application for a writ of habeas corpus, brought before tlie Son. Arthur D. Warner, judge of the Court of Common Pleas for Litchfield County, and heard upon the defendant’s demurrer to the reply of the plaintiff; the judge overruled the demurrer, held the reply sufficient, and discharged the plaintiff from imprisonment, and the defendant appealed for alleged errors of the judge. Srror and case remanded for judgment in accordance tviih opinion.
Read the full summary
Application for a writ of habeas corpus, brought before tlie Son. Arthur D. Warner, judge of the Court of Common Pleas for Litchfield County, and heard upon the defendant’s demurrer to the reply of the plaintiff; the judge overruled the demurrer, held the reply sufficient, and discharged the plaintiff from imprisonment, and the defendant appealed for alleged errors of the judge. Srror and case remanded for judgment in accordance tviih opinion. The defendant, James A. Cochrane, deputy sheriff of Litchfield county made return to the writ of habeas corpus which issued upon the plaintiff’s…
1Opinion of the CourtHamersley, J.
There are two questions presented by this case : First, does § 91 of the General Statutes authorize a justice of the peace to issue a mittimus without a regular trial and judgment? The section is as follows:—
“ The grand jurors in each town, or any three of them, may meet to advise concerning offenses committed therein, and may call before them, at such meetings, any witnesses, to be examined touching the same ; and if any person shall refuse to appear before them at such meeting, being summoned by competent authority, they may apply to a justice of the peace for a capias, who may issue one to…
2Cases cited7 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Lawton v. SteeleSupreme Court of the United States · 1894
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Marchant v. Pennsylyania RailroadSupreme Court of the United States · 1894
- Whitcomb's CaseMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- State v. ClementeSupreme Court of Connecticut · 1974
- Ullmann v. StateSupreme Court of Connecticut · 1994
- Massameno v. Statewide Grievance CommitteeSupreme Court of Connecticut · 1995
- State v. ConlonSupreme Court of Connecticut · 1895
31 more not listed; retrieve them via the Exa API.