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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. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Seite 399
von Nicholas Hill - 1883
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The Revised Statutes of the State of New-York: Passed During the ..., Band 2

New York (State) - 1829 - 878 Seiten
...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...dispose of such party as the justice of the case may require. $ 49. Whenever, from the sickness or infirmity of the person di- sickntn, *c. rected to be...
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The Revised Statutes of the State of New-York: Passed During the ..., Band 2

New York (State) - 1829 - 882 Seiten
...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...dispose of such party as the justice of the case may require. $ 49. Whenever, from the sickness or infirmity of the person di- sicknen, &c. reeled to be...
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Statutes of the Territory of Wisconsin: Passed by the Legislative Assembly ...

Wisconsin - 1839 - 476 Seiten
...he is entitled to his discharge, which allegations or denials shall be on oath ; and thereupon such officer shall proceed in a summary way to hear such...dispose of such party as the justice of the case may require. S 27. Whenever from the sickness or infirmity of the person di- Pr reeled to be produced by...
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The Trial of Alexander McLeod: For the Murder of Amos Durfee, at the Burning ...

Alexander McLeod, Marcus Tullius Cicero Gould - 1841 - 426 Seiten
...detention is unlawful, or that he is entitled to his discharge ; which allegation or denial shall be on oath, and thereupon such Court or officer shall...dispose . of such party as the justice of the case may require." The counsel said that it seemed to him that language could not be employed to confer broader...
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Review of the Opinion of Judge Cowen, of the Supreme Court of the State of ...

Daniel Bryant Tallmadge - 1841 - 58 Seiten
...forty-eighth section authorizes, in express terms, the Judge, after hearing the "allegations and proofs to dispose of such party as the justice of the case may require." The fortieth section of the act specifically directs when the party shall be remanded, and...
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Hazard's United States Commercial and Statistical Register, Band 5

Samuel Hazard - 1841 - 440 Seiten
...detention is unlawful, or that he • is entitled to his discharge, which allegations or denials j shall bo on oath ; and thereupon such Court or officer shall...statute, the prisoner's counsel claim the right of going behind the indictment, and proving that he is not guilty by affidavit, as lie may by oral testimony...
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Public and Local Acts of the Legislature of the State of Michigan

Michigan - 1846 - 896 Seiten
...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...detention, or against the same, and to dispose of such Sac. 37. Whenever, from the sickness or infirmity of the person direc- ¿ &¿. ¿ ted to be produced...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...his discharge ; which allegations or denials shall be on oath : and, thereupon, the court or judge shall proceed in a summary way, to hear such allegations...detention, or against the same, and to dispose of the party, as the justice of the case may require. § 279. Whenever, from the sickness or infirmity...
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Practice Reports in the Supreme Court and Court of Appeals, Band 8

Nathan Howard (Jr.) - 1853 - 594 Seiten
...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...dispose of such party as the justice of the case may require." The language of this section allows, not only a contradiction of the return, but an avoidance...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 Seiten
...entitled to his discharge, which allegations or denials shall be on oath ; and thereupon the j udge shall proceed in a summary way to hear such allegations...dispose of such party as the justice of the case may require. sickness, gEC ofi. Whenever, from sickness or infirmity of the person dietc.t of pri- _'_...
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