People ex rel. Bain v. Meyering

• Decision Date: 09 December 1931
• Docket Number: No. 21201.,21201.
• Citation: 347 Ill. 344,179 N.E. 896
• Parties: PEOPLE ex rel. BAIN v. MEYERING, Sheriff.
• Court: Illinois Supreme Court

347 Ill. 344

179 N.E. 896

PEOPLE ex rel. BAIN

v.MEYERING, Sheriff.

No. 21201.

Supreme Court of Illinois.

Dec. 9, 1931.

Original habeas corpus proceeding by the People, on the relation of Robert A. Bain against William D. Meyering, Sheriff. On relator's motion to the discharged filed after return made by respondent.

Relator discharged.

Deneen, Healy & Lee, of Chicago, for petitioner.

Oscar E. Carlstrom, Atty. Gen., for respondent.

STONE, C. J.

The petitioner in this cause seeks by a writ of habeas corpus to be discharged from the custody of respondent, and complains that he is being kept in the county jail of Cook county by a void order of the Hon. Michael Feinberg, one of the judges of the circuit court of Cook county.

At an earlier day of this term the petition was filed and a rule on respondent was made returnable on December 8, 1931. Respondent in his return sets out certain proceedings before Judge Feinberg in a receivership matter wherein John W. Seeborg was complainant and John Bain, Inc., a corporation, was defendant; that a hearing was had on the receiver's petition to require former officers, employees, and other persons connected with John Bain, Inc., including relator, to appear and give testimony for the purpose of discovering assets of the corporation. It also appears from the petition and the return that the relator, after appearing and testifying, was committed to the county jail by the judge under the following order: ‘On motion of the court, after having heard testimony adduced in open court in the matter of the petition of the receiver in the first above entitled cause, which prayed, among other things, the aid of the court to discover assets in aid of the receivership estate in said cause, and the court, being fully advised in the premises, finds that it had jurisdiction of the parties and the subject matter herein. The court further finds from the evidence heard in open court that it has reasonable cause to believe one Robert A. Bain is guilty of the criminal offense of obtaining money and property by means of false pretenses, and the further criminal offense of embezzlement, and the further criminal offense of the confidence game, and the further criminal offense of being accessory before the fact. It is therefore ordered and adjudged that said Robert A. Bain be, and he is hereby, held to the criminal court of Cook county, Illinois, for appearancein said criminal court of Cook county to the December term of said criminal court, and from term to term thereafter, to answer any indictment which may be returned in said criminal court of Cook county by the grand jury impaneled to inquire into said offenses against said Robert A. Bain, and the bail of said Robert A. Bain, conditioned according to law, is hereby fixed in the sum of ten thousand dollars ($10,000). The sheriff of Cook county is hereby directed to take the said Robert A. Bain into custody and keep him in custody until he shall have furnished a good and sufficient bond as provided in this order, and the clerk of this court is directed to furnish the authority to said sheriff to take the said Robert A. Bain into his custody.’ This order relator in his petition charges to be entirely without basis or authority in law, and that it violates his constitutional rights and is an order beyond the jurisdiction of respondent to enter. To the return of respondent the relator has filed a motion to be...