Treatise on the Right of Personal Liberty: And on the Writ of Habeas Corpus, Practice Connected with It: With a View of the Law of Extradition of Fugitives (Classic Reprint)

Excerpt from Treatise on the Right of Personal Liberty: And on the Writ of Habeas Corpus, Practice Connected With It: With a View of the Law of Extradition of Fugitives

The jurisdiction exercised under the writ of habeas cor pus embraces many interesting and important subjects. It is invoked to remove alleged illegal restraint of per sonal liberty; but as all restraint is not illegal, it be comes important to a ready and just administration of the law, that there should be a clear apprehension of the nature and extent of the right of personal liberty and the limitations to which it may, legally, be subjected.

Restraint may be imposed under legal process ema nating from a federal court, or under color of federal authority without process. In such cases it is important to understand the nature and extent of the jurisdiction of the state courts under the writ of habeas corpus.

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