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In re Underwood

In the Matter of William T. Underwood

In re Underwood, 30 Mich. 502 (1875)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 5, 1875
Citations
30 Mich. 5021875 Mich. LEXIS 2
Cited by 12
Headnotes
Habeas corpus is not the proper remedy to test the validity of an order of the recorder’s court of Detroit made in pursuance of the statute (Gomp. L§ 7957), and committing to the state prison until further order one who has been tried in said court for murder and acquitted by reason of insanity; the question should be raised by writ of error or other appropriate remedy.
Summary
Application for Habeas Corpus. The petitioner was tried in the recorder’s court of Detroit for murder, and was acquitted by reason of insanity. The recorder, in pursuance of the statute {Comp. L., § 7957), committed him to the state prison until further order; and he is now confined by virtue of such commitment in the insane asylum attached to the state prison.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court

held that the question sought to be raised would necessarily involve a review of the order of the recorder’s court, by virtue of which the prisoner is confined, and that habeas corpus is not the proper remedy; and that the question must be raised by writ of error or other appropriate remedy.

Writ denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1879–1880: 11887–1888: 11889–1890: 11897–1898: 11901–1902: 11903–1904: 11907–1908: 11909–1910: 11911–1912: 11921–1922: 11929–1930: 11951–1952: 118792026peak 1879 · 1

Relies on it most ⓘ

  1. Ex parte Tani29 Nev. 385 (1907)
  2. In re Parrish214 Mich. 24 (1921)
  3. Sennott's Case16 N.E. 448 (Mass. 1888)
  4. In re Newcomb105 P. 1042 (Wash. 1909)
  5. Goodman v. Daly, Warden165 N.E. 906 (Ind. 1929)
  6. Koepke v. Hill60 N.E. 1039 (Ind. 1901)

Most recent

  1. Finkenbiner v. Dowd108 N.E.2d 261 (Ind. 1952)
  2. Goodman v. Daly, Warden165 N.E. 906 (Ind. 1929)
  3. In re Parrish214 Mich. 24 (1921)
  4. In re Forscutt133 N.W. 315 (Mich. 1911)
  5. In re Newcomb105 P. 1042 (Wash. 1909)
  6. Ex parte Tani29 Nev. 385 (1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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