Legal Opinion

In re Hardigan

Supreme Court of Vermont

Decided October 15, 1884PublishedCited by 6 opinions

Habeas Corpus. The writ was signed by Rowell, J. By consent of counsel the case was continued into the Supreme Court. It was alleged in the complaint, that the petitioner, at Montpelier, on the 30th day of May, 1884, was arrested by one Ordway, claiming to be a police officer, and was placed by said officer in the county jail, and there remained until the morning of the next day, when he was taken from jail and brought before a justice of the peace; that said Ordway then and…

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Habeas Corpus. The writ was signed by Rowell, J. By consent of counsel the case was continued into the Supreme Court. It was alleged in the complaint, that the petitioner, at Montpelier, on the 30th day of May, 1884, was arrested by one Ordway, claiming to be a police officer, and was placed by said officer in the county jail, and there remained until the morning of the next day, when he was taken from jail and brought before a justice of the peace; that said Ordway then and there represented to said justice that he found the petitioner on said 30th day of May in such a state of intoxication…

1Opinion of the Court

The opinion of the court was delivered by

Royce, Ch. J.

The right of a justice of the peace to compel a person to disclose the place where, and the person of whom, he has obtained the intoxicating liquor, is conferred by R. L. s. 3816, and the right is limited to the class of persons' specified in s. 3814. They are there described as persons found in such a state of intoxication as to disturb the public or domestic peace and tranquillity. So that, to authorize a justice to demand that such a disclosure be made, and order a party to be committed to jail if he refuses to make one, the justice…

2Cases cited3 opinions

  1. In re PowersSupreme Court of Vermont · 1853
  2. Exparte TracySupreme Court of Vermont · 1853
  3. Hathaway v. HolmesSupreme Court of Vermont · 1828

3Cited by6 opinions

  1. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  2. Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
  3. State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
  4. Knott v. PutnamDistrict Court, D. Vermont · 1901
  5. In re HernandezDistrict Court, D. Alaska · 1915

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