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" ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. "
The Revised Statutes, Codes and General Laws of the State of New York ... - Sivu 1395
tekijä(t) New York (State) - 1896
Koko teos - Tietoja tästä kirjasta

The New York State Reporter, Nide 37

1891
...interposed, the issue is made up and no further pleading is required. The language of the Code is explicit : "A prisoner produced upon the return of a writ of...unlawful or that he is entitled to his discharge. Tliereupon the court or judge must proceed, in a summary way, to hear the evidence produced in support...

A Treatise on the Legal Remedies of Mandamus and Prohibition, Habeas Corpus ...

Horace Gay Wood - 1891 - 276 sivua
...41. hear the allegations and proofs, and disposes of the party according to the justice of the case.1 A prisoner, produced upon the return of a writ of...unlawful, or that he is entitled to his discharge. Therupon the court or judge must proceed, in a summary way, to hear the evidence produced in support...

Reports of Cases Decided in the Court of Appeals of the State of ..., Nide 128

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1892
...RUGER, Ch. J. regulated by section 2039 of the Code of Civil Procedure,, which reads as follows : " A prisoner produced upon the return, of a writ of...either that his imprisonment or detention is unlawful OP that he is entitled to his discharge. Thereupon, the court or judge must proceed, in a summary way,...

The New York Code of Civil Procedure ... Containing All Amendments to and ...

1893
...party to the special proceeding. § 2039. A prisoner, produced upon the return of a writ 100N.Y.20 of habeas corpus, may, under oath, deny any material...allegation of the return, or make any allegation of fact, IMJJ.Y.ISO showing either that his imprisonment or detention is unlawful, or that he is entitled to...

A Treatise on the Writ of Habeas Corpus: Including Jurisdiction, False ...

William Smithers Church - 1893 - 1025 sivua
...habeas corpus, may deny any of the material facts set forth in the return, or allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge, which allegations or denials shall be on oath," etc., was construed by Mr. Justice Co wen, in the well-known...

The New York Code of Civil Procedure ...: Containing All Amendments to and ...

Morris Cooper - 1894 - 498 sivua
...party to the special proceeding. § 2O39. A prisoner, produced upon the return of a writ IOON.Y. 8Q of habeas corpus, may, under oath, deny any material...allegation of the return, or make any allegation of fact, ISSN.Y.ISO showing either that his imprisonment or detention is unlawful, or that he is entitled to...

The Albany Law Journal: A Monthly Record of the Law and the ..., Niteet 51–52

1895
...a provision of law. (§ 2038.) § 2010. — Prisoner may controvert return ; proofs thereupon. — A prisoner produced upon the return of a writ of habeas...corpus may, under oath, deny any material allegation of tlie return, or make any allegation of fact, showing either that his imprisonment or detention is unlawful,...

Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 782 sivua
...or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show that his imprisonment or detention is unlawful, or that he is entitled to his discharge. § 420 [saw Trial — judgment and costs. The judge or justice must thereupon proceed, in a summary...

Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 782 sivua
...or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show that his imprisonment or detention is unlawful, or that he is entitled to his discharge. § 420 [s»iu Trial — judgment and costs. The judge or justice must thereupon proceed, in a summary...

The New York Supplement

1896
...in the return. Code, § 2031. It says, further, that the person produced upon the return of the writ may, under oath, deny any material allegation of the return, or make any allegation of fact showing that his detention is unlawful, or that he is entitled to his discharge. Section 2039. Proceedings...




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