Legal Opinion

State ex rel. Jackson v. Kennie

Montana Supreme Court

Decided March 26, 1900No. 1,494PublishedCited by 42 opinions

Appeal from District Court, Custer County; C. II. Loud, Judge. Otway Jackson was committed to jail in default of security to keep the peace, and from an order of the district court denying his application for certiorari to review such commitment, and from an order denying his application for release on habeas corpus, he appeals. Statement ce the Case.

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Appeal from District Court, Custer County; C. II. Loud, Judge. Otway Jackson was committed to jail in default of security to keep the peace, and from an order of the district court denying his application for certiorari to review such commitment, and from an order denying his application for release on habeas corpus, he appeals. Statement ce the Case. On October 31, 1899, Otway Jackson, the relator herein, applied., to the Honorable C. H. Loud, judge of the Seventh judicial district, for writs of review and habeas corpus to review and annul an order of A. W. Kennie, a justice of the peace in…

1Opinion of the CourtChief Justice Brantly

The attorney general makes the contention that there is no provision in the statutes permitting an appeal to this Court from ah order of the district court, or a judge thereof, in habeas corpus proceedings, and that this Court has no jurisdiction to entertain this appeal. His argument proceeds upon the theory that the certiorari proceeding was merely ancillary to the application for the writ of habeas corpus, and follows it; and that, if there is no appeal from the order denying this latter, there is therefore no jurisdiction in this Court to consider any question arising out of the action of…

2Cases cited29 opinions

  1. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
  2. Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
  3. In re StateCourt of Appeals of Maryland · 1880
  4. State v. McClearNevada Supreme Court · 1876
  5. Ross v. IrvingIllinois Supreme Court · 1852

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

3Cited by42 opinions

  1. State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
  2. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  3. State v. KeelerMontana Supreme Court · 1916
  4. Derendal v. GriffithArizona Supreme Court · 2005
  5. State Ex Rel. v. Cobb, County JudgeSupreme Court of Oklahoma · 1909

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

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