In re Curley
Supreme Court of Iowa
Appeal from Polk County. The applicant for the writ of habeas corpus in this case, John S. Curley was, at the March term, 1811, of the district court for Polk county, convicted of the crime of nuisance, and was sentenced to pay a fine of $800 and costs; and in defaidt of payment to stand committed to the county jail for the period of two hundred and forty days, unless the same was sooner paid. . The said Curley left Polk county for the east on the morning of the sentence,…
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Appeal from Polk County. The applicant for the writ of habeas corpus in this case, John S. Curley was, at the March term, 1811, of the district court for Polk county, convicted of the crime of nuisance, and was sentenced to pay a fine of $800 and costs; and in defaidt of payment to stand committed to the county jail for the period of two hundred and forty days, unless the same was sooner paid. . The said Curley left Polk county for the east on the morning of the sentence, and did not return until after the expiration of more than thirty days from the date of said sentence. Upon his return,…
1Opinion of the CourtCole, J.
1. Habeas corpus: appeal from decision of supreme judge. The first question which presents itself for our determination is, whether this court has, under our constitution and statutes, jurisdiction to hear and determine an appeal from the judgment or order of a judge of the supreme court, made a-t his chambers, in a habeas corpus proceeding? *186This question involves the construction of certain portions of our statutes, which we set out in haec verba, so far as concerns the case now before us: “ § 2631 (1555). The supreme court has an appellate jurisdiction over all judgments and decisions of…
2Cases cited1 opinion
- Monticello Bank v. SmithSupreme Court of Iowa · 1868
3Cited by5 opinions
- Bennett v. HetheringtonSupreme Court of Iowa · 1875
- City of Davenport v. D. & St. P. R.Supreme Court of Iowa · 1873
- Ware v. SandersSupreme Court of Iowa · 1910
- Ex parte CoxSupreme Court of Florida · 1902
- Ex Parte SecrestSupreme Court of Missouri · 1930