Comfort v. Kittle
Supreme Court of Iowa
Appeal from the Superior Court of Council Bluffs. Host. E. E. Aylesworth, Judge. Proceedings in habeas corpus. The case is submitted on an agreed abstract which shows that plaintiff presented his petition, alleging that he was illegally restrained of his liberty by the defendant by virtue of the order hereinafter referred' to. Defendant answered, denying the illegality of the restraint, and alleging .that he detained the defendant for refusing to comply with said order.
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Appeal from the Superior Court of Council Bluffs. Host. E. E. Aylesworth, Judge. Proceedings in habeas corpus. The case is submitted on an agreed abstract which shows that plaintiff presented his petition, alleging that he was illegally restrained of his liberty by the defendant by virtue of the order hereinafter referred' to. Defendant answered, denying the illegality of the restraint, and alleging .that he detained the defendant for refusing to comply with said order. On the hearing the plaintiff testified that he had no knowledge of an application for said order until the defendant had him…
1Opinion of the CourtGiveN, J.
*182i. cbihinal witnesses^ statute.zanoe’ *181I. The power to require persons, without accusation of wrong and without a hearing, to give *182even their own pledge for their appearance as witnesses, is surely an extraordinary power, and still more extraordinary when security may' be required and imprisonment imposed for a failure to give it. The power to bind witnesses by recognizance to appear and give evidence has long since been conferred upon courts and judges by the statutes of many, if not all, of the states. We are not aware that it has ever been exercised in the absence of statutory authority. It…
2Cited by11 opinions
- In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United StatesCourt of Appeals for the Ninth Circuit · 1971
- In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of IowaSupreme Court of Iowa · 2011
- State v. HandNew Jersey Superior Court Appellate Division · 1968
- Little v. TerritorySupreme Court of Oklahoma · 1911
- Bates v. KitchelMichigan Supreme Court · 1910
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