Ex parte Bird
Supreme Court of Puerto Rico
Application for a writ of Habeas Corpus. STATEMENT OE THE CASE. The writ of habeas corpus having been duly returned, the hearing thereon was had, the petitioner Hobart S. Bird being present with his counsel, Santiago B. Palmer, as also the Fiscal of the Supreme Court who verbally assented thereto, and subsequently rectified his opinion, in writing, under instructions received from the Department of Justice to the effect that, inasmuch as the act passed by the Legislative…
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Application for a writ of Habeas Corpus. STATEMENT OE THE CASE. The writ of habeas corpus having been duly returned, the hearing thereon was had, the petitioner Hobart S. Bird being present with his counsel, Santiago B. Palmer, as also the Fiscal of the Supreme Court who verbally assented thereto, and subsequently rectified his opinion, in writing, under instructions received from the Department of Justice to the effect that, inasmuch as the act passed by the Legislative Assembly of this Island “defining the offence of contempt of court and providing for the punishment thereof”, approved…
1Dissent
Dissenting opinion of
Mr. Justice MacLeary.
The applicant in this case, Hobart S. Bird, was sentenced to fine and imprisonment for contempt of court by the District Court of Mayagüez, on the 14th day of October, 1903; and on being arrested by Lieut. Tallada of the Insular Police, sued out a writ of habeas corpus, before this court.
Six grounds are alleged as a basis for the application, and ■are set out therein as follows:
“1st. — The said sentence and judgment attempted to be rendered by the .said Judge Aponte was illegal and void because it was not the judgment of .the court but only of one…
2Cases cited15 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Kring v. MissouriSupreme Court of the United States · 1883
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- United States v. McBratneySupreme Court of the United States · 1882
- Coleman v. TennesseeSupreme Court of the United States · 1879
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