In re Clasby
Utah Supreme Court
Appeal from the third district court. The opinion states the facts. No brief on file. Respondent alleges that there is no appeal given to the person that is seeking to arrest him.
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Appeal from the third district court. The opinion states the facts. No brief on file. Respondent alleges that there is no appeal given to the person that is seeking to arrest him. The act of habeas corpus of the territory of Utah is a copy of the California statute, and no appeal has ever been allowed under that act: In re Parsons, 2 Cal. 430; People v. Selvester, 40 Id. 627. . The theory of the law on that subject is this: The person having the custody of the petitioner has no right of appeal, because he can have no beneficial interest or right in the imprisonment of petitioner. The…
1Opinion of the Court
Twiss, J.:
The respondent, being arrested and brought before Alex. C. Pyper, a justice of the peace in Salt Lake City, upon a warrant charging him with the unlawful sale of spirituous liquors Avithout obtaining a license from the county of Salt Lake for the sale of the same, made application to the judge of the third district court for a writ of habeas corpus, which was granted, and made returnable before the third district court, to which return was made by the defendant, the constable making the arrest, that the plaintiff was held by him under and by virtue of said warrant and order of said…
2Cases cited1 opinion
- Ex parte JilzSupreme Court of Missouri · 1876
3Cited by9 opinions
- Wisener, Sheriff v. BurrellSupreme Court of Oklahoma · 1911
- Ex Parte SullivanNevada Supreme Court · 1948
- State v. PowellSupreme Court of Oklahoma · 2010
- Mead v. MetcalfUtah Supreme Court · 1891
- Miller v. GordonSupreme Court of Kansas · 1914
4 more not listed; retrieve them via the Exa API.