In re Gunn
Supreme Court of Kansas
Original Proceeding in Plabects Corpus. Action by L. C. Gunn to obtain his discharge from an arrest made by C. C.’Clevenger, acting sergeant-at-arms of the house of representatives of the state, on the ground that such house was an illegal body, and such officer had no authority to make the arrest. 'Writ denied.
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Original Proceeding in Plabects Corpus. Action by L. C. Gunn to obtain his discharge from an arrest made by C. C.’Clevenger, acting sergeant-at-arms of the house of representatives of the state, on the ground that such house was an illegal body, and such officer had no authority to make the arrest. 'Writ denied. A copy of the body of the petition is as follows: “To the Honorable Judges of the Supreme Court of the State of Kansas: “Your petitioner, L. C. Gunn, complains and respectfully represents that he is unlawfully restrained of his liberty by C. C. Clevenger; that the pretended cause of…
1DissentAllen, J.
At the time the decision in this ease was announced, I expressed orally my dissent from the conclusions reached by the majority of the court, and stated some of the reasons which then occurred to me why I could not concur in the conclusions reached by my brethren. I now proceed in a.more deliberate manner to consider the very grave questions involved herein.
There is no difference of opinion among us as to the power of the court to release from restraint any person unlawfully restrained of his liberty, no matter what the pretense of authority may be. The principal divergence of opinion is. as…
2Cases cited59 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Luther v. BordenSupreme Court of the United States · 1849
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Foster v. NeilsonSupreme Court of the United States · 1829
- Jones v. United StatesSupreme Court of the United States · 1890
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