Ex parte Petrie
Illinois Supreme Court
This was an application to this court by Henry Petrie, for a writ of habeas corpus. The petition sets forth, substantially, that the petitioner is detained against his will in the custody of the sheriff of Cook county, not for any criminal or supposed criminal offense, committed by, or alleged to have been committed by him against the laws of the State of Illinois, or of the United States, or any of said States, but upon the following state of case: On the 25th day of…
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This was an application to this court by Henry Petrie, for a writ of habeas corpus. The petition sets forth, substantially, that the petitioner is detained against his will in the custody of the sheriff of Cook county, not for any criminal or supposed criminal offense, committed by, or alleged to have been committed by him against the laws of the State of Illinois, or of the United States, or any of said States, but upon the following state of case: On the 25th day of January, 1865, Martha A. Petrie, the wife of the petitioner, exhibited her bill in chancery in the Superior Court of Chicago,…
1Opinion of the Court
Per Curiam :
We do not see sufficient reasons for granting this application. The ground presented is, that the proceedings in the Superior Court were irregular, because no notice was given the petitioner in the proceedings against him by attachment. We recognize the principle that it is of the essence of all convictions, or adjudications, that the party accused, should have an opportunity to be heard in his defense. But that principle does not controvert the regularity, in that regard, of this proceeding, for we find that the petitioner was given that opportunity in as ample a manner as was…
2Cited by13 opinions
- O'Callaghan v. O'CallaghanIllinois Supreme Court · 1873
- Welty v. WeltyIllinois Supreme Court · 1902
- Oster v. PeopleIllinois Supreme Court · 1901
- Ex Parte SellersSupreme Court of Alabama · 1948
- Ex parte MasonMissouri Court of Appeals · 1884
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