PREFACE TO SECOND EDITION. NEARLY twenty years have elapsed since the publication of the first edition of this work. In that period the great civil war in the United States occurred, during the continuance of which many and important questions as to the writ of habeas corpus arose and were determined. For this reason, as well as because the original work was out of print, a new edition was demanded. In its preparation few alterations have been made in the original text except to conform it to changes which new legislation has occasioned in the statutes of different states. Section VI. of Chapter I., treating of the ultimate jurisdiction of the Supreme Court of the United States, and Chapter III. of Book III., treating of extradition of fugitives from service, have been omitted. The first was considered unnecessary, after the holding of the Supreme Court of the United States that the state courts had no jurisdiction to release, upon habeas corpus, individuals in custody under the authority of B the federal government. The second was omitted as it could be of no practical use, since the abolition of slavery. The whole of the chapter as originally prepared upon the subject of the concurrent jurisdiction of the federal and state courts, has been retained, although the doctrine then laid down has since been overruled. This course was pursued as it was deemed advisable to present from the beginning, to the profession, the whole discussion of this important question. The new cases with the statement of the points decided, and the discussion of their doctrines, will be found in the notes. The cases cited in the text of the first edition, have for greater convenience of reference been placed also in the notes. FRANK H. HURD. TOLEDO, Ohio, June, 1878. CONTENTS. Limitations coercive of duties to the State,.... 1. The duty of supporting and defending the State,.... 1. Demands arising out of contracts express or implied,. 2. Demands arising out of injuries to the person, property, or Limitations arising from the relation of husband and wife,... 1. The husband's right of custody, ... |