Lucas v. Hawkins

Citation102 Ind. 64, 1 N.E. 358
Case DateMay 25, 1885
CourtSupreme Court of Indiana

102 Ind. 64
1 N.E. 358

Lucas
v.
Hawkins, Sheriff, etc.

Supreme Court of Indiana.

Filed May 25, 1885.


Appeal from Hamilton circuit court.


F. M. Trissal, for appellant.

Kane & Davis, for appellee.


Niblack, J.

On the seventh day of May, 1885, which was during the April term, 1885, of the Hamilton circuit court, Wiley Lucas presented to that court his petition representing that he was restrained of his liberty and confined in the common jail of Hamilton county by Elihu Hawkins, sheriff of that county, upon the pretense, as he was informed and believes, that he is the father of a child alleged to be illegitimate, but averring that he had not been arrested, and was not then imprisoned, upon any indictment, warrant, lawful process, or valid judgment against him. Wherefore, he demanded that a writ of habeas corpus be issued to the said Hawkins, as such sheriff, and that the cause of his restraint might be inquired into, with a view to his discharge from imprisonment. A writ of habeas corpus was accordingly issued to Hawkins, who made return that in proceedings had before a justice of the peace of Hamilton county, in a case in which the state of Indiana, on the relation of one Alice Minor, was plaintiff, and the said Wiley Lucas was defendant, the said Lucas was adjudged by the justice to be the father of a bastard child, of which the relatrix was the mother, and that in default of a recognizance to appear in the circuit court he was committed to county jail; that afterwards the said Lucas escaped from the custody of the officer having him in charge, and went at large; that afterwards, at the February term, 1885, of the Hamilton circuit court, and in the absence of the said Lucas, a judgment was rendered as follows:

State of Indiana ex rel. Alice Minor v. Wiley Lucas. Comes now the relatrix, and moves the court for a judgment upon the finding of the court, which motion is now sustained. It is therefore adjudged and decreed by the court that the plaintiff recover of the defendant the sum of six hundred dollars, payable in installments to said relatrix, Alice Minor, for the support of the bastard child mentioned, as follows, to-wit: one hundred dollars in thirty days from this date; one hundred dollars on the tenth day of February, each year, for five years hereafter; and said defendant is required to replevy this judgment by good freehold surety, or in default thereof that he stand committed to the county jail.”

[1 N.E. 359]

That after the rendition of such judgment the Hamilton circuit court issued a bench-warrant to him, the said Hawkins as sheriff of his county, commanding him to arrest the said Lucas, and have him immediately before the court to answer the charge of bastardy...

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10 practice notes
  • Clouser v. Mock, No. 29594
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Enero 1959
    ...is void since it is undisputed that the court had jurisdiction of both the subject matter and the parties. Lucas v. Hawkins, 1885, 102 Ind. 64, 1 N.E. 358; Kleyla et al. v. Haskett et al., 1887, 112 Ind. 515, 14 N.E. 387; 30A Am.Jur., Judgments, sec. 16, p. We need not set out verbatim the ......
  • In re Walker
    • United States
    • Supreme Court of Nebraska
    • 22 Mayo 1901
    ...53 J. P. 292, 59 Law T. (N. S.) 382. See, also, Blood v. Morrill, 17 Vt. 598;Chandler v. Com., 4 Metc. (Ky.) 66, 68;Lucas v. Hawkins, 102 Ind. 64, 1 N. E. 358. It is also contended that the default and trial to the court without a jury renders the judgment void, for the reason that section ......
  • In re Application of John Walker For a Writ of Habeas Corpus, 11,977
    • United States
    • Supreme Court of Nebraska
    • 22 Mayo 1901
    ...53 Just. P. 292, 59 L.T.R. 382. See, also, Blood v. Morrill, 17 Vt. 598; Chandler v. Commonwealth, 4 Met. [Ky.] 66, 68; Lucas v. Hawkins, 102 Ind. 64, 1 N.E. 358. It is also contended that the default and trial to the court without a jury renders the judgment void, for the reason that secti......
  • Glansman v. Ledbetter, No. 23725.
    • United States
    • Indiana Supreme Court of Indiana
    • 8 Marzo 1921
    ...that time in full force and effect, rendered by the Morgan circuit court. Jackson v. Smith, 120 Ind. 520, 22 N. E. 431;Lucas v. Hawkins, 102 Ind. 64, 1 N. E. 358;Spangle v. Spangle, 41 Ind. App. 297, 83 N. E. 720. [2] But the failure to make a copy of the judgment relied on a part of the re......
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8 cases
  • Clouser v. Mock, No. 29594
    • United States
    • Indiana Supreme Court of Indiana
    • 26 Enero 1959
    ...is void since it is undisputed that the court had jurisdiction of both the subject matter and the parties. Lucas v. Hawkins, 1885, 102 Ind. 64, 1 N.E. 358; Kleyla et al. v. Haskett et al., 1887, 112 Ind. 515, 14 N.E. 387; 30A Am.Jur., Judgments, sec. 16, p. We need not set out verbatim the ......
  • In re Walker
    • United States
    • Supreme Court of Nebraska
    • 22 Mayo 1901
    ...53 J. P. 292, 59 Law T. (N. S.) 382. See, also, Blood v. Morrill, 17 Vt. 598;Chandler v. Com., 4 Metc. (Ky.) 66, 68;Lucas v. Hawkins, 102 Ind. 64, 1 N. E. 358. It is also contended that the default and trial to the court without a jury renders the judgment void, for the reason that section ......
  • Glansman v. Ledbetter, No. 23725.
    • United States
    • Indiana Supreme Court of Indiana
    • 8 Marzo 1921
    ...that time in full force and effect, rendered by the Morgan circuit court. Jackson v. Smith, 120 Ind. 520, 22 N. E. 431;Lucas v. Hawkins, 102 Ind. 64, 1 N. E. 358;Spangle v. Spangle, 41 Ind. App. 297, 83 N. E. 720. [2] But the failure to make a copy of the judgment relied on a part of the re......
  • Moyer v. Bucks
    • United States
    • Indiana Court of Appeals of Indiana
    • 29 Octubre 1891
    ...he may thereafter be arrested again, and be compelled to comply with the court's orders. Patterson v. State, 91 Ind. 364;Lucas v. Hawkins, 102 Ind. 64, 1 N. E. Rep. 358, overruling Patterson v. Pressley, 70 Ind. 94. But we know no law authorizing any kind of legal proceedings against any on......
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