In re Powers
Supreme Court of Vermont
Habeas Corpus. Robinson C. Powers, the relator, set forth in his petition that he was imprisoned in the common jail in Woodstock, in the county of Windsor; that he was first committed to said jail on Tuesday, the 8th day of March, 1853, by Lorenzo Richmond, of said Woodstock, Sheriff of said County of Windsor ; that he had been guilty of no offence against the laws of the State of Vermont, or against the common law of the land; that he was committed without any precept in…
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Habeas Corpus. Robinson C. Powers, the relator, set forth in his petition that he was imprisoned in the common jail in Woodstock, in the county of Windsor; that he was first committed to said jail on Tuesday, the 8th day of March, 1853, by Lorenzo Richmond, of said Woodstock, Sheriff of said County of Windsor ; that he had been guilty of no offence against the laws of the State of Vermont, or against the common law of the land; that he was committed without any precept in the hands of said Richmond, authorizing him to make such commitment, for any cause whatsoever; that he has been informed…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The leading question made in the case is, how far that provision in the law, under which the prisoner is committed, is to be regarded as constitutional. This word, constitutional, as applied to laws, has a very narrow range. It is an inquiry, merely, as to the conflict between any act of the legislature and the fundamental law of the state, which is supposed to be embodied in the express provisions of our written state constitution, as limited or enlarged by that of the United States.
It is scarcely necessary, we trust, at this late day,…
2Cases cited2 opinions
- Spalding v. PrestonSupreme Court of Vermont · 1848
- In re HosleySupreme Court of Vermont · 1850
3Cited by21 opinions
- Patton v. BradySupreme Court of the United States · 1902
- Beach v. BradstreetSupreme Court of Connecticut · 1912
- Robison v. MinerMichigan Supreme Court · 1888
- Mills v. State Board of EqualizationMontana Supreme Court · 1934
- State Ex Rel. Botkin v. WelshSouth Dakota Supreme Court · 1933
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