| California - 1881 - 940 sivua
...matters set forth in the return, or except to the sufficiency thereof , or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court or judge muat thereupon proceed in a summary way to hear such proof as may be produced against... | |
| John Worth Edmonds - 1883 - 500 sivua
...MABTTN. A habeas corpus, under the statute which allows the party detained to "allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge," is appellate in its power and operation, and under it it is competent for the officer allowing it to... | |
| 1910 - 688 sivua
...as insufficient should be sustained. The Code of Civil Procedure provides that the prisoner may on oath deny any material allegation of the return or...unlawful or that he is entitled to his discharge, and thereupon the judge or court must proceed in a summary "way to hear the evidence in snp|Hirt of... | |
| New York (State), Charles David Rust - 1885 - 814 sivua
...prescribed in the first subdivision uf this section, becomes a party to the spedai proceeding. § 2039. A prisoner, produced upon the return of a writ of...deny any material allegation of the return, or make § 2052. Any one, having in his custody, or under his power, a person entitled to a writ of habeas... | |
| Nevada - 1885 - 1332 sivua
...or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful or that he is entitled to his discharge. TO proceed 3686. SEC. 1C. Such Judge, shall thereupon proceed in to trial. a summary way to hear such... | |
| California - 1886 - 992 sivua
...or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. The court or judge must thereupon proceed in a summary way to hear such proof as may be produced against... | |
| 1887 - 814 sivua
...prescribed in the first subdivision of this section, becomes a party to the special proceeding. § 2039. A prisoner, produced upon the return of a writ of...showing either that his imprisonment or detention a unlawful, or that he is entitled to his discharge. Thereupon (he court or judge must proceed, in... | |
| 1912 - 1298 sivua
...chapter 837 of the Laws of 1911." [1] Section 2039 of the Code of Civil Procedure provides as follows: "A prisoner, produced upon the return of a writ of...his imprisonment or detention is unlawful, or that be is entitled to his discharge. Thereupon the court or judge must proceed, in a summary way, to hear... | |
| New York (State), Charles David Rust - 1889 - 864 sivua
...prescribed in the first subdivision of this section, becomes a party to the special proceeding. § 2039. A prisoner, produced upon the return of a writ of...oath, deny any material allegation of the return, or malet aov allegation of fact, showing either that his imprisonment or detention iä unlawful, or that... | |
| New York (State) - 1890 - 1656 sivua
...either that his imprisonment or detenon is unlawful, or that he is entitled to his discharge, hereupon the court or judge must proceed, in a summary way, to hear the evidence, produced in support of r against the imprisonment or detention, and to disose of the prisoner as the justice of the case requires.... | |
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