56 Vt. 1 | Vt. | 1884
Lead Opinion
The opinion of the court was delivered by
The questions presented for consideration arise upon the relator’s motion to dismiss the exceptions filed in the cause.
In the County.Court the relator was discharged from the custody of Mead, the officer holding him in arrest under the warrant issued by Justice Cain, and to this judgment of the County Court, Mead filed exceptions. The relator now insists that Mead had no right to file exceptions to said judgment; and, secondly, that nobody can file them in a case where the relator is discharged.
By sec. 1385, R. L., “issues of law, and questions of law, arising upon the trial of an issue of fact, by the1 court or jury, and placed upon the record by the agreement of the parties or the allowance of the court, determined by a County Court, may pass to the Supreme Court for final decision; but execution shall not, of course, be stayed, but may be stayed by order of the court, on consideration of the difficulty and importance of the question.”
This section obviously relates to civil cases inter partes. The last paragraph, relating to a stay of execution, can have no appropriate meaning in any other view.
Again, by sec. 1388, and later sections in the same chapter, providing for the allowance of exceptions by the presiding judge,' it conclusively appears that sec. 1385 has reference to civil cases between party and party; and such has always been the understanding of our courts and bar.
Mead, the officer holding the relator in custody, was in no legal sense a party to the cause in which the relator was arrested. That was a criminal cause prosecuted in the name of the State, by an informer. If Mead could file exceptions to the order discharging the relator from custody, then ’every tipstaff, lucky
It was to remedy delays of this character' that the Habeas Corpus Act of Charles II was enacted; and if the doctrine now contended' for is to prevail, we arc compelled to go back in history two hundred years, and to embrace the principles of personal liberty as expounded by the Stuart kings. This act of May 26, 1679, did not create this writ; it merely swept away the subterfuges adopted to delay and make it ineffectual. It provided for a speedy deliverance of prisoners, and is a part of the common law of Vermont. The subsequent legislation in England, and the whole course of legislation and judicial exposition in America, disclose the most jealous anxiety to make the writ a quick and summary procedure for relief from imprisonment.
The inqury in the County Court was whether the process under which the relator was held was valid Mead had no personal interest.in the custody of the relator, and no right involved in such inquiry.
It is suggested that Mead should have the right to exceptions as he may be liable for a false imprisonment if the relator is discharged. This suggestion goes upon the ground that the judgment in the County Court would be conclusive upon him as an estoppel; but it is a fundamental doctrine that an estoppel must be mutual. If the judgment remanding the prisoner to his custody would bar a suit for false imprisonment, it follows that one discharging him would ex vi termini fix his liability.. This, however, is not the law. The warrant under which Mead holds the relator was issued by a court of competent jurisdiction, and is regular on its face. The fatality, if any existed in the- case, is found in the proceedings antedating the warrant, and for which the officer is not answerable. Mead then had no right to the exceptions allowed in this case.
There is, however, a broader doctrine applicable to the case which calls for exposition. Allusion has already been made to the office of the writ of habeas corpus. It is a common law
Wyeth v. Richardson, 10 Gray 240 (1857), was habeas corpus before a single judge at chambers. On hearing, the relator was discharged; and exceptions were filed. . Ch. J. Shaw, in dismissing the exceptions, says: “ The general principles of law are opposed to the allowance of exceptions in this case. The great purpose of the writ of habeas corpus is the immediate delivery of the party deprived of personal liberty. ' The allowance of exceptions would be inconsistent with the object of the writ. The consequence of allowing exceptions would be, either that all further proceedings be stayed, which would be wholly inconsistent with the,purpose of the writ; or that the exceptions must be held frivolous, and judgment rendered non obstante for the discharge of the party; in which pase the exceptions would be unavailing. The allowance of exceptions being thus inconsistent with the very purpose of the writ, the conclusion must
The statutes of Massachusetts and Maine relating to the allowance of exceptions are in substance like ours.
■ In the Federal courts the same doctrine prevails, although those courts have no common law jurisdiction. Am. Law Review, Vol. 18, No. 1. And it is the rule in all the states except as changed by statute. In State v. Everett, Dudley Law Rep.(S. C.), 295, appealed by the attorney general, the court say: “ No decision that can be made by this court will recapture the defendant and bring him to justice.” The prisoner had been discharged by the lower court, and the court very forcibly express the futility of their revisory power over that judgment. Vide remarks of Ch.- J. Shaw, supra.
No case decided upon the principles of the common law can be found, we think, which warrants the allowance of exceptions in cases where the relator has been discharged; and, accordingly, the exceptions are dismissed.
Dissenting Opinion
Dissenting opinion by
I am unable to concur with my brethren in holding that exceptions cannot be taken to the decision of the County Court in this case. It is a petition, by the relator, to the March Term, 1883, of the County Court, setting forth that he is in 'the custody of Roswell R. Mead, constable of the town of Rutland, ‘under and by virtue of a complaint, warrant, and proceedings thereon, annexed to this petition, in an attempted prosecution for selling intoxicating liquor in violation of law, and which, he alleges, in his belief, are illegal, nugatory and void. He, thérefore, prays that the writ of habeas corpus may issue to inquire into the right of the officer to retain him in custody. The writ issued in due form to Mr. Mead, commanding him to have the relator before the court with the cause of his caption and detention. Mr. Mead made due return of the writ, and thereon
Note by Boss, J. Since writing the foregoing opinion my eye fell upon the syllabus of a case in Am. L. Rev., No. 6, vol. 9, p. 1020, as follows: “Suing out a writ of habeas carpus is a civil proceeding, although the object of the petitioner be to be released from custody under a criminal charge. In such a case the Federal Supreme Court has no jurisdiction on a certificate of division.” Ex parte Tom Tong, Sup. Ct., U. S., Va. L. J., October, 1883. (108 U. S. 556.)
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