| New York (State) - 1908 - 1756 sider
...return; proof« thereupon. A prisoner, produced upon the return of a writ of habeas corpus may, under oath, deny any material allegation of the return,...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... | |
| 1909 - 1304 sider
...— 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... | |
| 1909 - 1176 sider
...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... | |
| Charles Ellewyin George - 1911 - 564 sider
...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... | |
| New York (State). Supreme Court. Appellate Division - 1910 - 1092 sider
...provisions of section 2032 of the Code of Civil Procedure. (People ex rel. Tweed v. Lisco?nl, 60 NY 559 ; People ex rel. Young v. Stout, 81 Hun, 336 ;...must proceed in a summary way to hear the evidence in support of or against the imprisonment or detenSecond Department, June, 1909. [Vol. 133. tion. (§... | |
| California. District Courts of Appeal - 1910 - 992 sider
...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... | |
| New York (State) - 1911 - 1740 sider
...return) proof» thereupon. A prisoner, produced upon the return of a writ _of habeas corpus may, under oath, deny any material allegation of the return,...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,... | |
| 1912 - 1294 sider
...Procedure provides as follows: "A prisoner, produced upon the return of a writ of habeas corpus may. under oath, deny any material allegation of the return,...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... | |
| New York (State) - 1913 - 1790 sider
...of a writ of habeas corpus may, under oath, dens' any material allegation of the return, or make auy allegation of fact, showing either that his imprisonment or detention is unlawful, or that be if entitle«] to his discharge. Thereupon the court or judge must proceed, in a summary way, to... | |
| Michigan, Michigan. Commission on Revision and Consolidation of Statutes - 1914 - 602 sider
...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 hrs discharge; which allegations or denials shall be on oath; and thereupon such court or officer shall... | |
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