Morton's Case
Massachusetts Supreme Judicial Court
Habeas corpus to the sheriff of the county of Suffolk dated January 3,1907. There was a hearing before JRugg, J., who reserved the case for consideration and determination by the full court. The facets are stated in the opinion. The case was argued at the bar in January, 1907, before jKnowlton, C. J., Morton, Loving, Bvaley, & Sheldon, JJ., and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, C. J.
This was a hearing upon a writ of habeas corpus. The single justice, under the R. L. c. 156, § 7, reserved for the full court the question of law whether the facts set forth in the petition for the writ, and in the return, would entitle the petitioner to be discharged.
The prisoner was arrested on mesne process upon a writ and affidavit, in perfect form, in which the declaration is upon a judgment against the respondent, recovered in the Superior Court. One matter stated in the petition, on which the petitioner relies for his discharge, is that the service upon the original writ on which the…
2Cases cited4 opinions
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- Needham v. ThayerMassachusetts Supreme Judicial Court · 1888
- Gorman's CaseMassachusetts Supreme Judicial Court · 1878
3Cited by6 opinions
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1952
- CrystalMassachusetts Supreme Judicial Court · 1953
- National Discount Corp. v. O'MellCourt of Appeals for the Sixth Circuit · 1952
- Chambers's CaseMassachusetts Supreme Judicial Court · 1915
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