 The cause of imprisonment is shown as fully by the petitioner as it could appear on the return of the writ ; consequently the writ ought not to be awarded if the court is satisfied that the prisoner would be remanded to prison.  Niles' Weekly Register - Page 341835Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1830 - 584 pages
...as fully by the petitioner as it could appear on the return of the writ; consequently the writ ought not to be awarded, if the court is satisfied that the prisoner would be remanded to prison. No law of the United States prescribes the cases in which this great writ shall be issued, nor the... | |
 | John Campbell Baron Campbell - Contempt of court - 1856 - 864 pages
...have the opinion of Chief Justice Marshall, in Watkins's case, (3 Peters, 202) that the writ ought not to be awarded if the court is satisfied that the prisoner must be remanded. It was accordingly refused by the supreme court of the United States in that case,... | |
 | Passmore Williamson, Arthur Cannon - Abolitionists - 1856 - 208 pages
...we have the opinion of Chief Justice Marshall in Watkin's case, (3 Peters, 202,) that the writ ought not to be awarded if the Court is satisfied that the prisoner must be remanded. It was accordingly refused by the Supreme Court of the United States in that case,... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 670 pages
...prevailed in this country. In Watkins's case, 3 Pet. 201, Marshall, CJ, said, " the writ ought_not to be awarded, if the court is satisfied that the prisoner would be remanded." Indeed, by necessary implication, it is the fair result of the provisions of the habeas corpus act... | |
 | United States. Supreme Court - Courts - 1867 - 732 pages
...fully by the petitioner as it could appear on the return of the writ ; consequently the writ ought not to be awarded if the court is satisfied that the prisoner would be remanded to prison." The judges of the Circuit Court of Indiana were, therefore, warranted by an express decision of this... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 540 pages
...fully by the petitioner as it could appear on the return of the writ ; consequently, the writ ought not to be awarded, if the court is satisfied that the prisoner would be remanded to prison. No law of the United States prescribes the cases in which this great writ shall be issued, nor the... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1870 - 952 pages
...be awarded. In Ex pctrte Tobias WatJcins, 3 Peters, 193, the Chief Justice says : " The writ ought not to be awarded, if the Court is satisfied that the prisoner would be remanded." This case is cited and approved in Exparie Mittigan, 4 Wallace, 111. His Excellency was also pleased... | |
 | William Whiting - Executive power - 1871 - 736 pages
...fully by the petitioner as it could appear on the return of the writ ; consequently the writ ought not to be awarded if the court is satisfied that the prisoner would be remanded to prison." The judges of the Circuit Court of Indiana were, therefore, warranted by an express decision of this... | |
 | Edward McPherson - Reconstruction - 1871 - 678 pages
...fully by the petitioner as it could appear on the return of the writ ; consequently the writ ought not to be awarded if the court is satisfied that the prisoner would be remanded to prison." The judges of the circuit court of Indiana were therefore warranted by an express decision of this... | |
 | William Woods Holden - Impeachments - 1871 - 1080 pages
...to be awarded— (exparte Tobias Watkim, 3 Peters, 193.) The Chief Justice says : " The writ ought not to be awarded if the court is satisfied that the prisoner would be remanded." This case is cited and approved, (exparte M'illigan, 4 Wallace, III.) His Excellency was also pleased... | |
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