Ex parte Ellis
California Supreme Court
Petition to this Court for a writ of Saleas Corpus. Petitioner alleges that he is held in custody by the Sheriff of El Dorado County, under a warrant of commitment issued by a Justice of the Peace of the county, upon a conviction for a misdemeanor, for keeping the store and place of business of petitioner open for business purposes, and exposing his goods, wares and merchandise for sale, on the Christian Sabbath, or Sunday, contrary to the provisions of an Act, entitled “ An…
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Petition to this Court for a writ of Saleas Corpus. Petitioner alleges that he is held in custody by the Sheriff of El Dorado County, under a warrant of commitment issued by a Justice of the Peace of the county, upon a conviction for a misdemeanor, for keeping the store and place of business of petitioner open for business purposes, and exposing his goods, wares and merchandise for sale, on the Christian Sabbath, or Sunday, contrary to the provisions of an Act, entitled “ An Act to provide for the better observance of the Sabbath,” approved April 10,1858.* Petitioner also alleges that the…
1ConcurrenceBaldwin, J.
Petitioner alleges that he is held in custody by the Sheriff of El Dorado County, under a warrant of commitment issued by a Justice of the Peace of the county, upon a conviction for a misdemeanor. He also alleges that the Justice acted without jurisdiction; that the act for which he was convicted constitutes no offense in law; and he asks a writ of habeas corpus returnable before the Supreme Court.
The statute provides that the “ writ of habeas corpus maybe granted by the Supreme Court or any Judge thereof, or any District or County Court in term time, or by any Judge of such at any time,…
2Cases cited3 opinions
- Yates v. LansingNew York Supreme Court · 1810
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- In re FergusonNew York Supreme Court · 1812
3Cited by18 opinions
- In Re ClarkCalifornia Supreme Court · 1993
- Click v. ClickWest Virginia Supreme Court · 1925
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- Calatayud v. State of CaliforniaCalifornia Supreme Court · 1998
- De Hasque v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1918
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