Legal Opinion
In re Cubberly for a Writ of Habeas Corpus
Supreme Court of Kansas
Decided January 15, 1888PublishedCited by 10 opinions
Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court on March 10, 1888, by Samuel I). Cubberly, who alleged that he was unlawfully restrained of his liberty by Alexander Love, the sheriff of Douglas county, under a commitment issued by one Joseph E. Riggs, a notary public of said county. The opinion herein was filed on May 4, 1888.
1Per curiam
This court decided, in In re Davis, 38 Kas.408, that—
“The taking of the deposition of a party in a pending case merely to fish out in advance what his testimony will be, and to annoy and oppress him, and not for the purpose of using the same as evidence, is an abuse of judicial authority and process; and a party committed by a notary public for refusing to give his deposition in such a case will be released on habeas corpus.”
*292In that case there was an express admission by the railway company that it was not acting in good faith in taking the deposition of C. Wood Davis, and did not intend to…
2Cited by10 opinions
- State Ex Rel. Westerheide v. ShillingSupreme Court of Oklahoma · 1942
- In re HammondNebraska Supreme Court · 1909
- Long v. Prairie Oil & Gas Co.Supreme Court of Kansas · 1932
- Rodriguez Ex Rel. Rodriguez v. Cascade Laundry Co.Supreme Court of Kansas · 1959
- Board of Home Missions of the Presbyterian Church of the United States v. MaughanUtah Supreme Court · 1909
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