Evans v. Bowers
Supreme Court of Colorado
Appeal from Fremont County Court. In September, 1886, James Bowers applied to the county court of Eremont county for a writ of habeas corpus, setting forjfh. in his petition that he was illegally restrained of his liberty by one Edward L. Evans, town marshal of the town of Coal Creek, in said county. The writ was duly issued.
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Appeal from Fremont County Court. In September, 1886, James Bowers applied to the county court of Eremont county for a writ of habeas corpus, setting forjfh. in his petition that he was illegally restrained of his liberty by one Edward L. Evans, town marshal of the town of Coal Creek, in said county. The writ was duly issued. By the agreed statement of facts upon which the cause was heard, it appears that Bowers was imprisoned by virtue of a judgment of conviction before the police magistrate of the town of Coal Creek, for the violation of an ordinance of said town prohibiting the sale of…
1Opinion of the CourtJustice Elliott
The writ of habeas corpus, though of inestimable value as a safeguard of human liberty when proceedings under it are judiciously administered, has nevertheless been so often improvidently used as a means whereby criminals, justly convicted, have escaped punishment, that its name in certain communities has become odious. This has been occasioned in some measure, perhaps, by investing inexperienced judges with jurisdiction of the writ; but the greatest evil has resulted from an improper use of the writ as a substitute for an appeal or writ of error, whereby courts without appellate…
2Cases cited6 opinions
- Sheets v. Selden's LesseeSupreme Court of the United States · 1865
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Cornell v. MoultonNew York Supreme Court · 1846
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Roan v. RohrerIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Perkins v. JenningsWashington Supreme Court · 1902
- Elliott Co. v. Courtright Publishing Co.Supreme Court of Colorado · 1919