Motion, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
City of )
Municipal Court Special Session
May 30th. 1844
In the matter of the Petition of vs.
And now, the said moves the Court here that he be discharged & suffered to go at large
1st. Because the Court <​person​> issuing the warrant on which he has been arrested <​is unauthorized to issue the same.​> has exceeded the limits of its jurisdiction, as to the matter concerning which it has undertaken to act.
2. Because the has been issued in a case & under circumstances where the Law does not allow process.
3. Because the person having the custody of said is unauthorised to execute the warrant under which he is acting & is not the person empowered by Law to detain him.
4. Because said has been <​by &​> before a competent Court legally examined & discharged in relation to the subject matter set forth in said Warrant
5. Because said writ is defective in a substantial form required by Law
By Attorneys [p. [1]]
’s before. Municipal Court
Filed May 30th 1844 [p. [2]]

Footnotes

  1. new scribe logo

    Docket and notation in handwriting of Willard Richards.