Exparte Tracy
Supreme Court of Vermont
Habeas Corpus. The petition was as follows : “ Your peti- “ tioner, Gardner Traey, of South Hero, in the county of Grand “ Isle, humbly shows to your Honors, that he is now confined in “ the common jail, at North Hero, in the county of Grand Isle, by “ Charles H. Clark, sheriff of said county, by virtue of a process “ of mittimus, a copy of which is hereto annexed ; and your peti- “ tioner shows to your Honors, that A. M. Kinney, who issued said “ process or mittimus,…
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Habeas Corpus. The petition was as follows : “ Your peti- “ tioner, Gardner Traey, of South Hero, in the county of Grand “ Isle, humbly shows to your Honors, that he is now confined in “ the common jail, at North Hero, in the county of Grand Isle, by “ Charles H. Clark, sheriff of said county, by virtue of a process “ of mittimus, a copy of which is hereto annexed ; and your peti- “ tioner shows to your Honors, that A. M. Kinney, who issued said “ process or mittimus, imposed said fine in said mittimus, without “ giving this defendant any hearing on the same ; and your peti- “ tioner further…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The relator was imprisoned in the common jail, in this county, by. virtue of a mittimus from a justice of the peace, imposing a fine of sixty "dollars upon him, for alledged violations of the law against selling spirits without license. Three principal objections are urged, why the prisoner should he discharged. 1. That the trial was irregular. 2. That the judgment, being beyond the jurisdiction of the court, is therefore wholly void. 3. That the copy of the mittimus left by the officer with the jailer, not being properly certified by…
2Cited by12 opinions
- State v. ProutySupreme Court of Vermont · 1920
- Wells v. TerrellSupreme Court of Georgia · 1904
- In re BarkerSupreme Court of Vermont · 1884
- In re HackettSupreme Court of Vermont · 1881
- Stubbs v. StateMississippi Supreme Court · 1874
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