42 Iowa 598 | Iowa | 1876
Sec. 3452 of the Code provides that “ application for the writ (of habeas corpus) must be made to the court or judge most convenient in point of distance to the applicant, and the more remote court or judge may refuse the same unless a sufficient reason be stated in the petition for not making the application to the more convenient court or judge thereof.”
This case has been argued upon the supposition that, if the said Hannah M. Thompson is not the applicant within the meaning of the statute, the motion for change of venue should have been granted. In our consideration of the case we shall proceed up&n the same supposition.
If the said Hannah JVL Thompson, the person by whom the petition was presented in behalf of the plaintiff, was the applicant, it is conceded that the said Circuit Judge had jurisdiction, and the writ was rightfully issued by him. But the defendant denies that she is the applicant and maintains that the person whose liberty is restrained, is the applicant.
Reversed.