Motion, 30 May 1844, Copy [United States v. Jeremiah Smith on Habeas Corpus–B]
Source Note
and on behalf of , Motion, , Hancock Co., IL, 30 May 1844, U.S. v. Jeremiah Smith on Habeas Corpus–B (Nauvoo, IL, Municipal Court 1844). Copied [ca. 30 May 1844]; handwriting of ; two pages; Nauvoo, IL, Records, CHL. Includes dockets.
Motion, 30 May 1844, Copy [ United States v. Jeremiah Smith on Habeas Corpus–B ]
Page [1]
Municipal Court.
Special Term. May 30th. 1844.
State of Illinois)
City of )
In the matter of the Petition of vs.
.
And now the said moves the Court here that he be discharged & suffered to go at large
1st. Because the person issuing the warrant on which he has been arrested is unauthorised to issue the same.
2nd. Because the has been issued in a case & under circumstances where the Law does not allow process.
3rd. Because the person having the custody of said is unauthorised to execute the warrant under which he is acting & is not the person empowered by law to detain him.
4th. Because said has been by & before a competent Court legally examined & discharged in relation to the subject matter set forth in said warrant.
5th. Because said writ is defective in a substantial form required by law.