Ex parte Nye
Supreme Court of Kansas
Petition for a Writ of Habeas Corpus. Petition filed in this court on behalf of J. W. Wye, for a writ of habeas corpus. The petition alleged that Wye was illegally restrained of his liberty by E. IT. Coates, the sheriff of Lyon county, at the county jail in Emporia; that such restraint was “ upon an order of arrest issued against said Wye in an action before Eelix Gr.
Read the full summary
Petition for a Writ of Habeas Corpus. Petition filed in this court on behalf of J. W. Wye, for a writ of habeas corpus. The petition alleged that Wye was illegally restrained of his liberty by E. IT. Coates, the sheriff of Lyon county, at the county jail in Emporia; that such restraint was “ upon an order of arrest issued against said Wye in an action before Eelix Gr. Hunt, a justice of the peace of said Lyon county, after judgment against55 said Wye, which order was issued upon the affidavit of S. and "W., plaintiffs in said action, “ charging pretended fraud against said Wyefthat such…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This is an application for the writ of habeas corpus. It must be refused for two reasons, either of which is sufficient.
I. It appears by the petition that the applicant is in custody by virtue of process issued on a final judgment of a court of competent jurisdiction; and this fact precludes an inquiry into the legality of the judgment or process by which he is imprisoned, and would prevent this court from discharging him from custody: § 671, ch. 80, Gen. Stat.
II. The petition avers that the applicant for the writ is in custody by virtue…
2Cited by11 opinions
- In re DillSupreme Court of Kansas · 1884
- Goetz v. BlackMichigan Supreme Court · 1932
- In re MacLeanSupreme Court of Kansas · 1938
- In re GraySupreme Court of Kansas · 1902
- State ex rel. Sherin v. GossSupreme Court of Minnesota · 1898
6 more not listed; retrieve them via the Exa API.