Cutlip v. Sheriff of Calhoun County
West Virginia Supreme Court
The county seat of Calhoun county was located at Ar-noldsburg in 1858. On the 27d of January, 1867,† the legislature passed an act removing the county seat to Stump’s farm in same county. An adt passed March 4th, 1869,* repealed the act of January 22d, 1867. After the passage of the act of March 4th, 1869, the petitioner, Rachel Cutlip, was indicted for murder in the circuit court of Calhoun county, which court was held at Arnoldsburg.
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The county seat of Calhoun county was located at Ar-noldsburg in 1858. On the 27d of January, 1867,† the legislature passed an act removing the county seat to Stump’s farm in same county. An adt passed March 4th, 1869,* repealed the act of January 22d, 1867. After the passage of the act of March 4th, 1869, the petitioner, Rachel Cutlip, was indicted for murder in the circuit court of Calhoun county, which court was held at Arnoldsburg. She petitioned this court for a writ of habeas corpus, alleging that she was unlawfully detained by the sheriff of that county, having been arrested in…
1Dissent
Maxwell, J.,
dissentiente. The habeas corpus is to release any one from restraint, who is detained without lawful authority. No imprisonment is illegal where the process is a justification of the officer, and process, whether by writ or warrant, is .legal wherever it is not defective in the frame of it, and has issued in the ordinary course of justice from a court or magistrate having jurisdiction of the subject though there has been error or irregularity in the proceedings previous to the issuing of it. An officer cannot disregard process which is regular on its face, but must execute it.…
2Cases cited2 opinions
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