Nauer v. Thomas
Massachusetts Supreme Judicial Court
Petition for a writ of habeas corpus, brought in behalf of Jacob Nauer, alleging that he was imprisoned in the house of correction, under charge of the respondent; that on the 3d day of January 1867 he was sentenced by the superior court for the county of Norfolk to pay a fine of fifty dollars and costs, and to be imprisoned in the house of correction for three months ; that on the next day he procured a writ of error from the circuit court of the United States, and on the…
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Petition for a writ of habeas corpus, brought in behalf of Jacob Nauer, alleging that he was imprisoned in the house of correction, under charge of the respondent; that on the 3d day of January 1867 he was sentenced by the superior court for the county of Norfolk to pay a fine of fifty dollars and costs, and to be imprisoned in the house of correction for three months ; that on the next day he procured a writ of error from the circuit court of the United States, and on the 12th of said January caused a copy to be filed in the clerk’s office of the said superior court, by reason whereof said…
1Opinion of the CourtBigelow, C. J.
It has been recently determined by this court, upon full consideration, that a writ of error sued out in conformity to the twenty-fifth section of the judiciary act of the United States of 1789 (U. S. St. 1789, c. 20), to procure a reexamination of a final judgment of the courts of this state in a criminal case, operates as a supersedeas of such judgment. Bryan v. Bates, 12 Allen, 201. But it has also been decided that, on an application to this court to discharge by writ of habeas corpus:, a prisoner held under a judgment or sentence of a court of this commonwealth, on which a writ of error…
2Cases cited7 opinions
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- ARMSTRONG v. the Treasurer of Athens CountySupreme Court of the United States · 1842
- President of the Commercial Bank of Cincinnati v. Buckingham's ExecutorsSupreme Court of the United States · 1847
- John Mkinney v. John CarrollSupreme Court of the United States · 1838
- Grand Gulf Railroad & Banking Co. v. MarshallSupreme Court of the United States · 1852
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