Legal Opinion

In re Bruchman

North Dakota Supreme Court

Decided October 8, 1914PublishedCited by 4 opinions

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Original application for the issuance of a writ of habeas corpus. Statement by Bruce, J”. A writ of habeas corpus was issued out of the supreme court in this case, and this hearing is on the return thereto. The affidavit of the ■district attorney of La Crosse county, Wisconsin, and the application for the writ, states, among other things, that “I further certify that said charge against the said fugitive, Christian E. Bruchman, is the ■offense of unlawfully and wilfully neglecting and refusing to provide for the support and maintenance of his wife and their two minor children, aged seven and…

1Opinion of the CourtBruce, J.

(after stating the facts as above). Counsel for petitioner insists that no crime is charged in the affidavit of Mathilda T. Bruchman, which was presented to the governor of North Dakota on the demand for the extradition. He also insists that the petitioner is not a fugitive from justice. He alleges: (1) That the affidavit does not state that the petitioner is a married man, and does not name or designate the party or parties alleged to have been neglected and for whom support was not provided; (2) that the affidavit does not purport to be made by anyone knowing the facts; (3) the affidavit…

2Cases cited5 opinions

Roberts v. ReillySupreme Court of the United States · 1885
In re WhiteCourt of Appeals for the Second Circuit · 1893
State ex rel. O'Malley v. O'ConnorSupreme Court of Minnesota · 1888
In re GalbreathNorth Dakota Supreme Court · 1913
State ex rel. Smith v. GossSupreme Court of Minnesota · 1896

3Cited by4 opinions

In Re CohenNew Jersey Superior Court Appellate Division · 1952
In Re HarperCalifornia Court of Appeal · 1936
Bebeau v. GranrudNorth Dakota Supreme Court · 1971
Re QuintNorth Dakota Supreme Court · 1926