Legal Opinion

Ballantyne v. Bower

Wyoming Supreme Court

Decided February 16, 1909PublishedCited by 25 opinions

Habeas Corpus. Andrew Ballantyne, who was confined in the county jail of Albany County under a commitment issued by one F. E. Anderson, claiming to be a justice of the peace, applied for his discharge upon habeas corpus. The facts are stated in the opinion.

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Habeas Corpus. Andrew Ballantyne, who was confined in the county jail of Albany County under a commitment issued by one F. E. Anderson, claiming to be a justice of the peace, applied for his discharge upon habeas corpus. The facts are stated in the opinion. Dayton, who was elected a justice of the peace at the general election in 1908, and died November 23, 1908, did not qualify before his death for two reasons: (1) His bond which he had executed was not approved until after his death and after the commencement of the term for which he was elected; (2) His attempt to qualify by taking the…

1Opinion of the Court

Potter, Chiee Justice.

On January 14, 1909, the plaintiff was committed to the county jail of Albany County by one E. E. Anderson, claiming to be a justice of the peace, and here seeks his discharge on the ground that said Anderson was not a justice of the peace, and had no authority to issue the warrant for plaintiff’s arrest or the commitment under which he is imprisoned. The case has been submitted upon an agreed statement of facts by which it appears that at the general election held in November, 1906, one Hugh Hynds was duly elected justice of the peace in and for Laramie precinct in said…

2Cases cited21 opinions

  1. Shelby v. AlcornMississippi Supreme Court · 1858
  2. Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
  3. Gosman v. State ex rel. SchumacherIndiana Supreme Court · 1886
  4. State Ex Rel. Barnhill v. ThompsonSupreme Court of North Carolina · 1898
  5. People ex rel. Andrews v. LordMichigan Supreme Court · 1861

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3Cited by25 opinions

  1. Geraud v. SchraderWyoming Supreme Court · 1975
  2. People v. ShawyerWyoming Supreme Court · 1924
  3. State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927
  4. Markham v. CornellSupreme Court of Kansas · 1933
  5. Martineau v. CrabbeUtah Supreme Court · 1915

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

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