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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 Code of Civil Procedure of the State of New York ...

1907 - 1720 sivua
...47, am'd by L. 1837, cb. 240, $ 2 (4 Fxlm { 2O3O. Prisoner may controvert return ; proof« thereupon. A prisoner, produced upon the return of a writ of...allegation of the return, or make any allegation of I'ai-t. showing either that his Imprisonment or detention is unlawful, or that he is entitled to his...

The New York Supplement

1909
...2039 of the Code of Civil Procedure) provides that, upon the joinder of issue in such a proceeding: "The court or judge must proceed In a summary way...support of or against the Imprisonment or detention." etc. In obedience to such command this court proceeded with all possible despatch to try such issue....

The New York Supplement

1909
...— SUFFICIENCY. Under Code Civ. Proc. § 2039, providing that a prisoner bringing habeas corpus may deny any material allegation of the return, or make...either that his imprisonment or detention is unlawful and that he Is entitled to his discharge, a traverse, charging that the court trying the prisoner was...

The Pacific Reporter, Nide 101

1909
...defendant to controvert 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"; and it authorizes the court "to proceed In a summary way to hear such proof as may be produced against...

Reports of Cases Heard and Determined in the Appellate Division of ..., Nide 133

New York (State). Supreme Court. Appellate Division - 1910
...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 support of or...

Parsons' Complete Annotated Pocket Code: New York Code of Civil Procedure

New York (State) - 1911
...Prlxoner may controvert return) proof» thereupon. A prisoner, produced upon the return of a writ _of habeas corpus may, under oath, deny any material allegation...his imprisonment or detention is unlawful, or that ho is outille«! to his dixcliiirge. Thereupon the court or jinlpe must proceed, in a summary way,...

The New York Supplement

1912
...83*) — ANSWER TO RETURN— HEARING— EVIDENCE. Under Code Civ. Proc. | 2030. which provides that a prisoner produced upon the return of a writ of habeas corpus may under oath deny material allegations of the return, or allege facts to show that his detention is unlawful or that...

The New York Code of Civil Procedure: Containing All Amendments of 1914 with ...

New York (State) - 1914 - 1750 sivua
...1837, ch. 240, ( 2 (4 Edm. 681). I 2O:SO. Prtxouer in к.« controvert return; proofs thereupon. Л prisoner, produced upon the return of a writ of habeas...imprisonment or detention is unlawful, or that he Is entitle«! to his discharge. Thereupon the court or judge must proceed, in a summary way, to hear the...

The Penal Code of the State of California: Adopted February 14, 1872. With ...

California - 1915 - 1140 sivua
...1872; in substance the same as Habeas Corpus Act, Stats. 1850, p. 335, 5 14. 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...

The Judicature Act of 1915: And Other Acts Affecting Practice and Procedure ...

Michigan - 1915 - 618 sivua
...habeas corpus, may denyany 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; and thereupon such court or officer shall proceed in...




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