The Case of Crozier

Superior Court of Delaware

The Case of Crozier

1 Del. 33

DecidedJuly 5, 1832

StatusPublished

This text of 1 Del. 33 (The Case of Crozier) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Case of Crozier, 1 Del. 33 (Del. Ct. App. 1832).

Pincite

Opinion

Habeas Corpus.

The petitioner was committed on execution process from a justice of the peace. The objection was to the form of the mittimus.

The Act of Assembly authorizes the detention of a prisoner on a certified copy of the writ of execution. The process upon which deft, was detained, was a printed blank warrant, filled up by the constable, and indorsed “committed May, 7, 1832, by Jno. Rudolph, cons’t.”

The court discharged the prisoner on the ground, that this was not a certificate that it was a copy of the original execution.

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Habeas Corpus.

The petitioner was committed on execution process from a justice of the peace. The objection was to the form of the mittimus.

The Act of Assembly authorizes the detention of a prisoner on a certified copy of the writ of execution. The process upon which deft, was detained, was a printed blank warrant, filled up by the constable, and indorsed “committed May, 7, 1832, by Jno. Rudolph, cons’t.”

The court discharged the prisoner on the ground, that this was not a certificate that it was a copy of the original execution.

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Bluebook (online)

1 Del. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-case-of-crozier-delsuperct-1832.