State ex rel. Howard v. Walsh

The opinion of the Court was delivered by

Bermudez, C. J.

This is an application for a habeas corpus, on the sole ground that the prisoner was arrested and is detained in custody by the defendant, under a mittimus issued by one P. Mitchell, styling himself Judge of the Eighth Justice’s Court for the City of New Orleans, and that there is no such court in legal existence. The return shows the caption and exhibits the mittimus in justification thereof and of the detention.

The existence or non-existence of such court is, therefore, the solitary question submitted for our determination.

When the…