In re Newton
Nebraska Supreme Court
Error to the district court for Antelope county. Tried below before Allen, J. • The time of imprisonment must be limited in the judgment and set forth in the commitment upon which the prisoner is held in custody; otherwise the judgment and commitment, being indefinite, are void. (Maxwell, Pleading & Practice, 753; State v. Prince, 8 So. Rep. [La,], 591; Howard v. People, 3 Mich., 210; Lowrey v. Hogue, 24 Pac.
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Error to the district court for Antelope county. Tried below before Allen, J. • The time of imprisonment must be limited in the judgment and set forth in the commitment upon which the prisoner is held in custody; otherwise the judgment and commitment, being indefinite, are void. (Maxwell, Pleading & Practice, 753; State v. Prince, 8 So. Rep. [La,], 591; Howard v. People, 3 Mich., 210; Lowrey v. Hogue, 24 Pac. Rep. [Cal.], 995; Robson v. Spearman, 3 Barn. & Aid. [Eng.], 493; Washburn v. Belknap, 3 Conn., 502; Elliott v. People, 13 Mich., 375; Orippen v. People, 8 Mich., 117; La Roev. Roeser, 8…
1Opinion of the CourtNorval, C. J.
This was a petition to the district court of Antelope county, by Reuben Newton against George P. Haverland, sheriff of said county, for a writ of habeas corpus. From a judgment denying the writ the petitioner prosecutes error.
The petitioner was tried and convicted in the county court of Antelope county of committing an assault upon one Herman Peiper, and was adjudged by the court to pay a fine of $10 and costs and stand committed until the amount of such fine and costs were paid. In default of payment of the fine and costs the court issued a mittimus, and the accused was committed to the…
2Cases cited4 opinions
- In re BolligIllinois Supreme Court · 1863
- Brown v. PeopleIllinois Supreme Court · 1858
- Hill v. StateTennessee Supreme Court · 1829
- In re DobsonNebraska Supreme Court · 1893
3Cited by8 opinions
- Ex Parte KarlsonCalifornia Supreme Court · 1911
- Lindley v. StateNebraska Supreme Court · 1928
- Zobel v. StateNebraska Supreme Court · 1904
- Gonschior v. DrewesNebraska Supreme Court · 1936
- State v. SorensonMontana Supreme Court · 1922
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