Legal Opinion · Dissent

Miskimmins v. Shaver

Wyoming Supreme Court

Decided September 18, 1899Published

Petition by John Miskimmins for a writ of habeas corpus. This is a writ of habeas corpus. The prosecuting attorney of Laramie County upon information furnished him by the plaintiff made complaint before a justice of the peace against one Oliver C. Hough charging him with having obtained the sum of $1,130 from plaintiff by false pretenses.

Read the full summary

Petition by John Miskimmins for a writ of habeas corpus. This is a writ of habeas corpus. The prosecuting attorney of Laramie County upon information furnished him by the plaintiff made complaint before a justice of the peace against one Oliver C. Hough charging him with having obtained the sum of $1,130 from plaintiff by false pretenses. He and one James Raff also charged with the same offense had left this State and gone to the State of Colorado, and the plaintiff made the necessary affidavit to obtain a requisition, and they were arrested and brought back, to this State for trial. Upon the…

1DissentKnight, Justice

I am unable to concur in the opinion and judgment of this court as announced, for reasons, some of whieh, in view of the learned discussion as submitted, at first glance, may appear of little force.

Admitting all. that is claimed for the writ of habeas corpus, its antiquity; that it is in the interest of the oppressed ; that it is in many instances beyond legislation, being a part of the constitutional enactments; still I desire, after making such admission, which is in accordance with the views so ably expressed by my associates, to refer to some of the judges and courts that have pointed out…

2Cases cited28 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  4. Ex Parte KearneySupreme Court of the United States · 1822
  5. People v. MatherNew York Supreme Court · 1830

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API