 | Thomas Walter Williams - Judges - 1808 - 906 pages
...the subject, his writ of right, that is such a one as he is entitled to ex debito jtistitiœ, and i» in nature of a writ of error to examine the legality...commitment, and therefore commands the day, the caption, and cause of deteution, to be returned. Ч lust. 55. 4 Insi. 182. Cro. Jac. 543. And at common las, it... | |
 | Joseph Chitty - Criminal law - 1819 - 752 pages
...See form post, last vol. Hand's Prac. 520. 3 Bla. C. 131. niiich he is entitled ex debito justitioe, and is in nature of a writ of error to examine the...c. 11. and the celebrated act of Habeas Corpus, (a) It is provided by the first of these enactments, that if any person be committed by the king himself,... | |
 | Joseph Chitty - Criminal law - 1826 - 1018 pages
...to the subject, deemed his writ of right, to which he is entitled ex debito justifies, and is in the nature of a writ of error to examine the legality...therefore commands the day, the caption, and the cause of proceedings in general, see 3 Bl. (a) Id. ibid. Com. 131 to 139. Bac. Ab. Ha- (6) 6 TR 158. bea» Corpus.... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...of which is the liberation of those who may be imprisoned •without sufficient cause. It is in the nature of a writ of error to examine the legality of the commitment. * Whenever d person is restrained of his liberty, liy being confined in a common jail, or by a private... | |
 | Edmund Hayes - Criminal law - 1837 - 758 pages
...subject, deemed his writ of rijrht, that is, such a one as he is entitled to, ex debito justifies, and is in nature of a writ of error to examine the legality of the commitment, Bac. Abr. Habeas Corpus, A. Many delays and perversions of justice having occurred, to the great oppression... | |
 | Sir Matthew Hale - Pleas of the crown - 1847 - 764 pages
...object of which is the liberation of those who may be imprisoned without sufficient cause; it is in the nature of a writ of error to examine the legality of the commitment; it brings up the prisoner with the cause of his confinement and the court can undoubtedly inquire into... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 668 pages
...authority. Thus, in Ex parte Watkins, 3 Peters, 202, Chief Justice Marshall says, — " It is in the nature of a writ of error to examine the legality of the In the 'Matter of Metzgcr. commitment." Same case, 7 Peters, 572. In Ex parte Milbum, 9 Peters, 704,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1854 - 684 pages
...of which is the liberation of those who may be imprisoned without sufficient cause." " It is in the nature of a writ of error to examine the legality of the commitment." Ib. 202. It lies to a Circuit Court of the United States, sitting in a state, (3 Dall. 17,) or to the... | |
 | Law reports, digests, etc - 1855 - 562 pages
...to the subject, deemed his writ of right, to which he is entitled ex debito justiticz, and is in the nature of a writ of error to examine the legality...caption and the cause of detention to be returned. (1) The obligation of Judges to issue the writ, and of gaolers to act in obedience to it, are established... | |
 | William Blackstone, George Sharswood - Law - 1860 - 780 pages
...habeas corpus where a person is imprisoned under the warrant or order of any other court. It is in the nature of a writ of error to examine the legality of the commitment. As it is the exercise of the appellate power of the court to award the writ, it is within its jurisdiction... | |
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The writ of Habeas Corpus is a high prerogative writ, known to the common law, the great object of which is the liberation of those who may be imprisoned without sufficient cause. It is in the nature of a writ of error to examine THE LEGALITY of the commitment. 
