Hallway v. Byers, No. 38677.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtDE GRAFF
Citation218 N.W. 905,205 Iowa 936
Decision Date03 April 1928
Docket NumberNo. 38677.
PartiesHALLWAY v. BYERS, JUSTICE OF PEACE, ET AL.

205 Iowa 936
218 N.W. 905

HALLWAY
v.
BYERS, JUSTICE OF PEACE, ET AL.

No. 38677.

Supreme Court of Iowa.

April 3, 1928.


Appeal from District Court, Polk County; Herman F. Zeuch, Judge.

Habeas corpus proceeding in the district court of Iowa in and for Polk county commenced by the plaintiff, John E. Hallway, against W. W. Byers, justice of the peace of Bloomfield township, Park A. Findley, sheriff, and Scott Wise, jailer, of Polk county, to test the legality of the restraint of the petitioner by the said defendants. The opinion states the salient facts. Judgment was entered sustaining the writ of habeas corpus and taxing the costs of the action to the defendant Justice of the Peace W. W. Byers. Defendants appeal. Reversed.

[218 N.W. 905]

Carl S. Missildine, Co. Atty., and Alexander M. Miller, Asst. Co. Atty., both of Des Moines, for appellants.

John L. Sloane, H. H. Craney, and J. Stuart Bauch, all of Des Moines, for appellee.


DE GRAFF, J.

The imprisonment of the plaintiff finds its basis in a mittimus issued by the defendant justice of the peace directed to the defendant Wise, jailer of Polk county, commanding him to receive Hallway “into custody and detain him in the jail of the county until he be legally discharged by due course of law.”

The competent record facts disclose that an information was filed before W. W. Byers, justice of the peace in and for Bloomfield township, Polk county, Iowa, accusing Hallway of the crime of uttering and drawing a false check, as defined by section 13047, Code 1924. Hallway was arrested, tried before said justice, found guilty, and sentenced to pay a fine of $50 and costs, and, on default of payment of said fine, be committed to the county jail for 15 days. Hallway, as defendant in said criminal prosecution, gave notice of appeal to the district court. The appeal bond was fixed at $500. Upon the default of the defendant to furnish said bond, he was, on May 20, 1927, committed to jail. On June 2, 1927, Hallway filed his verified petition with the clerk of the district court at Des Moines, Iowa, praying that a writ of habeas corpus issue.

Illegal restraint, as alleged in said petition, is, in substance, that the testimony and documentary evidence produced in open court on behalf of the state at the trial before the justice of the peace conclusively showed that the check petitioner was charged with issuing falsely was, on its face, a postdated check, given not for value received, and further that the said petitioner has not been adjudged guilty of any crime for which he should be detained.

At the outset we inquire: First. Does the act charged in the information filed against

[218 N.W. 906]

Hallway constitute a public offense? Second. Did the justice of the peace have jurisdiction to try and punish the offense charged in said information? If both of these questions are answered in the affirmative, there must be a reversal of the judgment entered. No constitutional question is involved.

[1] There can be no question that the filed information in the instant case did charge a public offense which, under the statute, constituted a nonindictable misdemeanor. The defendant was charged with uttering...

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6 practice notes
  • Department of Public Welfare v. Polsgrove
    • United States
    • Court of Appeals of Kentucky
    • October 3, 1933
    ...209 Iowa 781, 229 N.W. 191; Ex parte Prock, 46 Okl. Cr. 239, 287 P. 1091; Ex parte Amos, 94 Fla. 1028, 114 So. 760; Hallway v. Byers, 205 Iowa 936, 218 N.W. 905; Ex parte Stambaugh, 117 Cal.App. 659, 4 P.2d 270; Ex parte Lowe, 50 Idaho 602, 298 P. 940; People ex rel. Rich v. Lackey, 139 Mis......
  • Dept. Public Welfare v. Polsgrove, Judge
    • United States
    • United States State Supreme Court (Kentucky)
    • October 3, 1933
    ...229 N.W. 191; Ex parte Prock, 46 Okl. Cr. 239, 287 P. 1091; Ex parte Amos, 94 Fla. 1028, 114 So. 760; Hallway v. Byers, 205 Iowa, 936, 218 N.W. 905; Ex parte Stambaugh, 117 Cal. App. 659, 4 P. (2d) 270; Ex parte Lowe, 50 Idaho, 602, 298 P. 940; People ex rel. Rich v. Lackey, 139 Misc. 42, 2......
  • Reeves v. Lainson, No. 46493.
    • United States
    • United States State Supreme Court of Iowa
    • June 6, 1944
    ...510;Furey v. Hollowell, 203 Iowa 376, 378, 379, 212 N.W. 698; Conkling v. Hollowell, 203 Iowa 1374, 1376, 214 N.W. 717;Hallway v. Byers, 205 Iowa 936, 939, 218 N.W. 905;Wilson v. Haynes, 218 Iowa 1370, 256 N.W. 678; [14 N.W.2d 626]McBain v. Hollowell, 202 Iowa 391, 394, 210 N.W. 461;McCormi......
  • Convey v. Haynes, No. 45552.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...the writ of habeas corpus.” In re Eckart, 166 U.S. 481, 17 S.Ct. 638, 41 L.Ed. 1085. There is cited further the case of Hallway v. Byers, 205 Iowa 936, 218 N.W. 905, 906: “Habeas corpus cannot perform the function of an appeal, nor does it lie to question the sufficiency of an indictment or......
  • Request a trial to view additional results
6 cases
  • Department of Public Welfare v. Polsgrove
    • United States
    • Court of Appeals of Kentucky
    • October 3, 1933
    ...209 Iowa 781, 229 N.W. 191; Ex parte Prock, 46 Okl. Cr. 239, 287 P. 1091; Ex parte Amos, 94 Fla. 1028, 114 So. 760; Hallway v. Byers, 205 Iowa 936, 218 N.W. 905; Ex parte Stambaugh, 117 Cal.App. 659, 4 P.2d 270; Ex parte Lowe, 50 Idaho 602, 298 P. 940; People ex rel. Rich v. Lackey, 139 Mis......
  • Dept. Public Welfare v. Polsgrove, Judge
    • United States
    • United States State Supreme Court (Kentucky)
    • October 3, 1933
    ...229 N.W. 191; Ex parte Prock, 46 Okl. Cr. 239, 287 P. 1091; Ex parte Amos, 94 Fla. 1028, 114 So. 760; Hallway v. Byers, 205 Iowa, 936, 218 N.W. 905; Ex parte Stambaugh, 117 Cal. App. 659, 4 P. (2d) 270; Ex parte Lowe, 50 Idaho, 602, 298 P. 940; People ex rel. Rich v. Lackey, 139 Misc. 42, 2......
  • Reeves v. Lainson, No. 46493.
    • United States
    • United States State Supreme Court of Iowa
    • June 6, 1944
    ...510;Furey v. Hollowell, 203 Iowa 376, 378, 379, 212 N.W. 698; Conkling v. Hollowell, 203 Iowa 1374, 1376, 214 N.W. 717;Hallway v. Byers, 205 Iowa 936, 939, 218 N.W. 905;Wilson v. Haynes, 218 Iowa 1370, 256 N.W. 678; [14 N.W.2d 626]McBain v. Hollowell, 202 Iowa 391, 394, 210 N.W. 461;McCormi......
  • Convey v. Haynes, No. 45552.
    • United States
    • United States State Supreme Court of Iowa
    • June 17, 1941
    ...the writ of habeas corpus.” In re Eckart, 166 U.S. 481, 17 S.Ct. 638, 41 L.Ed. 1085. There is cited further the case of Hallway v. Byers, 205 Iowa 936, 218 N.W. 905, 906: “Habeas corpus cannot perform the function of an appeal, nor does it lie to question the sufficiency of an indictment or......
  • Request a trial to view additional results

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