Motion, 30 May 1844 [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); unidentified handwriting; docket and notation by , [, Hancock Co., IL], 30 May 1844; two pages; Nauvoo, IL, Records, CHL.
And now, the said moves the Court here that he be discharged & suffered to go at large
1st. Because the Court <person> issuing the warrant on which he has been arrested <is unauthorized to issue the same.> has exceeded the limits of its jurisdiction, as to the matter concerning which it has undertaken to act.
2. Because the has been issued in a case & under circumstances where the Law does not allow process.
3. 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.
4. Because said has been <by &> before a competent Court legally examined & discharged in relation to the subject matter set forth in said Warrant
5. Because said writ is defective in a substantial form required by Law