Roth v. House of Refuge
Court of Appeals of Maryland
Appeals from the Supreme Bench of Baltimore City. On the 27th of December, 1867, Martin Roth filed in Baltimore City Court, his petition, in which he stated on oath, that his son Frank Roth, aged about twelve years, had been illegally committed, and was unjustly held and detained in the House of Refuge; that his son was so committed without his consent; that he was pecuniarily and morally able to care for and have the custody of his child, who was not of vicious and…
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Appeals from the Supreme Bench of Baltimore City. On the 27th of December, 1867, Martin Roth filed in Baltimore City Court, his petition, in which he stated on oath, that his son Frank Roth, aged about twelve years, had been illegally committed, and was unjustly held and detained in the House of Refuge; that his son was so committed without his consent; that he was pecuniarily and morally able to care for and have the custody of his child, who was not of vicious and incorrigible habits, and was not convicted of crime. .The petitioner prayed for a writ of habeas corpus to have his child…
1Opinion of the CourtAlvey, J.
The first question to be determined in this case is, whether there exists in the Supreme Bench of Baltimore City the right to review the determination of the judge assigned to the Baltimore City Court, in matters of habeas corpus ? for if so, then, it is clear, there is no right of appeal to this Court from the judgment of the Supreme Bench, and this appeal must be dismissed. For that there is no right of appeal to this Court, in matters of habeas corpus, is no longer an open question, and the oidy ground upon which the present appeal can be maintained is, that the Supreme Bench has assumed…
2Cases cited1 opinion
- Exparte CrouseSupreme Court of Pennsylvania · 1839
3Cited by35 opinions
- Commonwealth v. FisherSupreme Court of Pennsylvania · 1905
- In re AglerOhio Supreme Court · 1969
- In re FerrierIllinois Supreme Court · 1882
- Farnham v. PierceMassachusetts Supreme Judicial Court · 1886
- Cinque v. BoydSupreme Court of Connecticut · 1923
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