| 1923 - 1116 sider
...upon the petitioner the right to controvert any of the material facts set forth in the return, "or to allege any fact to show either that his imprisonment...detention is unlawful, or that he is entitled to his discharge."18 This may be done by presenting exceptions, raising questions of law, or by a traverse,... | |
| 1909 - 956 sider
...before such court or officer, on the return of any writ of habeas corpus, may deny any of the material facts set forth in the return, or allege any fact...discharge, which allegations or denials shall be on oath,' etc., was construed by Mr. Justice Cowen in the well-known McLeod case as not intended to give the... | |
| 1910 - 838 sider
...the Penal Code specifically confers the right upon the defendant to controvert any of the material facts set forth in the return, "or allege any fact...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... | |
| 1910 - 992 sider
...the Penal Code specifically confers the right upon the defendant to controvert any of the material facts set forth in the return, "or allege any fact...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... | |
| California - 1925 - 546 sider
...any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment...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... | |
| California - 1925 - 540 sider
...any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment...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... | |
| Charles Ellewyin George - 1911 - 540 sider
...any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment...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... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1884 - 778 sider
...such of the material facts set forth in the return as he deems untrue, and to allege any fact showing, either that his imprisonment or detention is unlawful, or that he is entitled to his discharge; and the issue thus formed by such traverse, verified by the oath of the prisoner, may thereupon be... | |
| 1891 - 1098 sider
...may, under oath, deny any material allegation of the return, or make any allegation of fact showing either that his imprisonment or detention is unlawful, or that he is entitled to his discharge. Thereupon the court or judge must proceed, in a summary way, to hear the evidence produced in support... | |
| Michigan - 1872 - 1276 sider
...court or i HIII.'STT! officer, on the return of any writ of habeas corpus, may deny any of the material facts set forth in the return, or allege any fact, to show cither that his imprisonment or detention is unlawful, or that ho is entitled to his discharge; which... | |
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