Carruth v. Taylor
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Petition of E. C. Carruth for a writ of habeas corpus directed to E. C. Taylor, sheriff. Judgment remanding petitioner, and he appeals. The order denying the discharge of appellant was appealable under sections 5603 and 5626, Revised Codes. Winton v. Knott, 7 S. D. 159, 63 N. W. Rep. 783. In re Hammill, 9 S. D. 390, 69 N. W. Rep. 577; In re Fawkes, 53 Fed.
Read the full summary
Appeal from District Court, Grand Forks County; Fisk, J. Petition of E. C. Carruth for a writ of habeas corpus directed to E. C. Taylor, sheriff. Judgment remanding petitioner, and he appeals. The order denying the discharge of appellant was appealable under sections 5603 and 5626, Revised Codes. Winton v. Knott, 7 S. D. 159, 63 N. W. Rep. 783. In re Hammill, 9 S. D. 390, 69 N. W. Rep. 577; In re Fawkes, 53 Fed. Rep. 13. It is the right and duty of a Court before the removal of one accused to a distant forum for trial to look into the indictment so far as to be satisfied that an offense is…
1DissentBartholomew, C. J.
I regret that I am unable to agree with my associates in this case. The results that follow from their conclusions are, I believe, more desirable than the results that follow my own conclusions; and I would gladly subscribe to their views, did I riot think that the legislation of this state imperatively forbids it. The matter is of so much importance that I deem it my duty to express my views by something further than a formal dissent.
We may start with the general propositions that originally a party who deemed himself unlawfully deprived of his liberty had the right to have the legality of…
2Cases cited22 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Holmes v. JennisonSupreme Court of the United States · 1840
- Yates v. PeopleNew York Supreme Court · 1810
- Ex parte JilzSupreme Court of Missouri · 1876
- In Re: CooperSupreme Court of Vermont · 1859
17 more not listed; retrieve them via the Exa API.