In re Jewett
Supreme Court of Kansas
Original proceeding in habeas corpus. STATEMENT. By this original proceeding in habeas corpus, the petitioner, E. B. Jewett, seeks to obtain his discharge from an alleged illegal detention.
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Original proceeding in habeas corpus. STATEMENT. By this original proceeding in habeas corpus, the petitioner, E. B. Jewett, seeks to obtain his discharge from an alleged illegal detention. The facts out of which this detention arose are as follows: William Howard was convicted of a felony in the district court of Johnson county, it being one of the counties of the tenth judicial district, and sentenced to confinement in the state penitentiary, at Lansing, in Leavenworth county, which is not in the tenth judicial district. Conceiving that his detention was illegal, Howard brought his…
1Opinion of the Court
The opinion of the court was delivered by
Cunningham, J. :
At the outset of the discussion we are met by respondent’s contention that we cannot inquire into the merits of the petitioner’s case, and this for two reasons. Under the article of our code relating to habeas corpus, section 671 (Gen. Sfcat. 1901, § 5167), is found this language :
"No court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term- of commit*833ment has not expired, in either of the cases following : . . . Third, for any contempt of any court, officer…
2Cases cited10 opinions
- Ex Parte Tom TongSupreme Court of the United States · 1883
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Ex Parte ClarkeCalifornia Supreme Court · 1899
- In re DillSupreme Court of Kansas · 1884
- In re SnyderSupreme Court of Kansas · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Click v. ClickWest Virginia Supreme Court · 1925
- Ford v. DilleySupreme Court of Iowa · 1916
- State v. MillerSupreme Court of Kansas · 1946
- State ex rel. Thompson v. PorterNebraska Supreme Court · 1907
- In re BolmanSupreme Court of Kansas · 1930
15 more not listed; retrieve them via the Exa API.