In Re Brittain
Supreme Court of North Carolina
Habeas Corpus — Certiorari—Power of the Court over its Judgments. This was an application to the Supreme Court for a habeas corpus, and also for a certiorari, heard at October Term, 1885. The iacts are fully set out in the opinion.
1Opinion of the CourtSmith, C. J.
The application of the petitioner, is for the twofold purpose of obtaining the writ of habeas 'corpus, directed to John A. Lackey, sheriff of Burke county, in whose custody the prisoner is alleged to be, commanding said sheriff to bring his body before this Court, to the end that the lawfulness of his imprisonment may be inquired of; and also that a writ of certiorari may issue to the clerk of the Superior Court of that county, requiring, him to send up a transcript of the record of the proceedings in which the imprisonment was adjudged, that the same may be reviewed.
Upon an examination of…
2Cases cited2 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- State v. . WarrenSupreme Court of North Carolina · 1885
3Cited by9 opinions
- Emerson v. BoylesSupreme Court of Arkansas · 1926
- State v. . GodwinSupreme Court of North Carolina · 1936
- State v. . ButnerSupreme Court of North Carolina · 1923
- In Re AdamsSupreme Court of North Carolina · 1940
- State v. . ManlySupreme Court of North Carolina · 1886
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