Bishop
Massachusetts Supreme Judicial Court
Petition, for a writ of habeas corpus to the warden of the state prison in Boston, representing that the petitioner was unlawfully deprived of his liberty in said prison. Hearing before Barker, J., who refused to grant the petitioner’s prayer, and denied him the writ; and the petitioner alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
This was a petition for a writ of habeas corpus. The case was heard upon the petition, as is now the more common practice. At the hearing the petitioner requested the court to make certain rulings, which the court refused to do, and ruled *36instead “ that under the law of Massachusetts, where it is not contended that the conviction is illegal, but only that the sentence imposed is illegal and void, the remedy is not by writ of habeas corpus, but by writ of error,” and refused to grant the petition, and denied the writ.
The petitioner excepted to the ruling of the court, and to its refusal to…
2Cases cited6 opinions
- Ex Parte BigelowSupreme Court of the United States · 1885
- In Re BeltSupreme Court of the United States · 1895
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. HuntleyMassachusetts Supreme Judicial Court · 1892
- King's CaseMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Commonwealth v. ConroyMassachusetts Supreme Judicial Court · 1956
- Santoro v. MackSupreme Court of Connecticut · 1929
- Joyce v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Landreth v. GladdenOregon Supreme Court · 1958
- Mitchell v. LangleySupreme Court of Georgia · 1915
19 more not listed; retrieve them via the Exa API.