Legal Opinion

People ex rel. Burchinell v. District Court

Supreme Court of Colorado

Decided April 15, 1896PublishedCited by 19 opinions

Original Proceeding— Certiorari. From the record certified to us it appears that on July 3, 1895, W. Y. Kaufman filed in the district court of Arapahoe county his petition for a writ of habeas corpus, wherein it is alleged that he was unjustly and unlawfully detained and imprisoned by the sheriff of Arapahoe county in the common jail at Denver, by virtue of an alleged warrant or execution against the body, which warrant or execution is in words and figures following: “ State…

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Original Proceeding— Certiorari. From the record certified to us it appears that on July 3, 1895, W. Y. Kaufman filed in the district court of Arapahoe county his petition for a writ of habeas corpus, wherein it is alleged that he was unjustly and unlawfully detained and imprisoned by the sheriff of Arapahoe county in the common jail at Denver, by virtue of an alleged warrant or execution against the body, which warrant or execution is in words and figures following: “ State oe Colorado 1 “ County oe Arapahoe, j ss' “ in the county court. “ The People of the State of Colorado to the Sheriff…

1Opinion of the CourtJustice Goddard

Upon this review we are limited to the inquiry whether the district court exceeded its jurisdiction or greatly abused its discretion in the matter of the discharge of petitioner Kaufman, or whether it regularly pursued the authority conferred by the habeas corpus act. Secs. 297 and 308, Code of Civil Procedure, 1887. And these questions are to be determined from an inspection of the record as certified, containing the petition’for the writ, the return of the sheriff and the answer of petitioner thereto. In conformity with the requirements of the act, the application presented to the court…

2Cases cited6 opinions

  1. Ex Parte YarbroughSupreme Court of the United States · 1884
  2. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  3. In Re CoySupreme Court of the United States · 1888
  4. In re AllisonSupreme Court of Colorado · 1889
  5. Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890

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

3Cited by19 opinions

  1. Woolsey v. BestSupreme Court of the United States · 1936
  2. Chenoweth v. State Board of Medical ExaminersSupreme Court of Colorado · 1914
  3. In re PopejoySupreme Court of Colorado · 1899
  4. Hart v. BestSupreme Court of Colorado · 1949
  5. Martin v. District CourtSupreme Court of Colorado · 1906

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