People ex rel. Reeve v. Gilbert

Appellate Court of Illinois

People ex rel. Reeve v. Gilbert

57 Ill. App. 505, 1894 Ill. App. LEXIS 325

DecidedFebruary 12, 1895

StatusPublished

This text of 57 Ill. App. 505 (People ex rel. Reeve v. Gilbert) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Reeve v. Gilbert, 57 Ill. App. 505, 1894 Ill. App. LEXIS 325 (Ill. Ct. App. 1895).

Pincite

Opinion

Mr. Justice Gary

delivered the opinion of the Court.

This is an appeal from an order made on habeas corpus, refusing to discharge the relator from the custody of the sheriff, holding him under a cap. ad res.

For two reasons—either sufficient—the appeal is dismissed.

First. As the relator has appealed from the final judgment in the case in which the process issued, and given good security to pay that judgment (Reeve v. Peppard, 57 Ill. App. 556), there is no probability that he remains in custody, and we won’t hold a moot court. Aff v. Hopkins, 57 Ill. App. 529.

Second. An appeal or writ of error does not lie to review an order on habeas corpus. Napier v. People, 9 Ill. App. 523.

Appeal dismissed

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