 | Amasa Junius Parker - Criminal law - 1858 - 734 pages
...appears, by a return to a writ of habeas corpus, that the prisoner in whose behalf it was sued out is detained by virtue of the final judgment or decree...competent tribunal of civil or criminal jurisdiction, it is the duty of the officer before whom the writ is returned, forthwith to remand the prisoner.'... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1885 - 780 pages
...issued by a court, or judge of the United States, having exclusive jurisdiction of the vAse, or second, by virtue of the final judgment or decree of a competent...of an execution or other process issued upon such judgment, decree or final order. These directions exclude, by necessary and clear implication, the... | |
 | New York (State) - Law - 1880 - 832 pages
...court or a judge the United States, in a case where such courts or judges exclusive jurisdiction. 2. By virtue of the final judgment or decree of a competent...for any cause, except to punish him for a contempt ; 181 or by virtue of an execution or other process, issued upon such a judgment, decree, or final... | |
 | Criminal law - 1888 - 672 pages
...committed the by court or judge of the United States having jurisdiction, or where he is committed or detained by virtue of the final judgment or decree...order of such a tribunal made in a special proceeding, or by virtue of an execution or other process issued upon such a judgment, decree or final order. The... | |
 | Criminal law - 1914 - 652 pages
...of Civil Procedure provides that a person is not entitled to a writ of habeas corpus " Where he has been committed, or is detained, by virtue of the final...competent tribunal of civil or criminal jurisdiction." The present application challenges the jurisdiction of the Court of General Se.=sions to try the action... | |
 | Criminal law - 1922 - 624 pages
...Civil Procedure commands the court to dismiss a writ of habeas corpus if it appears that the prisoner is detained " By virtue of the final judgment or decree...competent tribunal, of civil or criminal jurisdiction." The competency of the tribunal which tried and sentenced the prisoner is not questioned in this proceeding,... | |
 | Criminal law - 1885 - 704 pages
...Revised Statutes, touching habeas corpus. Those provisions required the relator to be remanded when " detained by virtue of the final judgment or decree...competent tribunal of civil or criminal jurisdiction " and forbade the court or judge " to inquire into the legality or justice of any mandate, judgment... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1885 - 672 pages
...issued by a court or judge of the United States having exclusive jurisdiction of the case; or second, by virtue of the final judgment or decree of a competent...of an execution or other process issued upon such judgment, decree, or final order. This direction excludes, by necessary and clear implication, the... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...have exclusive jurisdiction. '-'. By virtue of the final judgment or decree of a competent tribunal, o civil or criminal jurisdiction ; or the final order...proceeding, instituted for any cause, except to punish hiuiior» contempt ; or by virtue of an execution or other process, issued upon MICU a judgment, decree,... | |
 | Law reports, digests, etc - 1913 - 1174 pages
...writ of habeas corpus are, so far as material, that a person is not entitled to the writ "where he has been committed, or is detained, by virtue of the final...competent tribunal of civil or criminal Jurisdiction." Code of Civ. Pro. § 2016. Section 2032 of the Code, provides that "the court or Judge must forthwith... | |
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Where he has been committed, or is detained, by virtue of the final judgment or decree, of a competent tribunal of civil or criminal jurisdiction ; or the final order of such a tribunal, made in a special proceeding, instituted for any cause, except to... 
