Case Summary

O. J. Vallecott, relationship to bound party unknown, petitioned on behalf of Benjamin D. Mills claiming that an unidentified John Doe had illegally deprived Mills of his liberty. Arrested on the charge of embezzlement and sentenced to serve time in the state penitentiary, Mills had appealed his case to the NE Supreme Court, who suspended his sentence and allowed him to enter into bail. Vallecott claimed that the order from the Supreme Court supersedes any order that John Doe was acting upon. Judge Holmes granted the petition. Half a year later, the court ordered that the action be dismissed. Fate of bound party is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Embezzlement

Outcome

Writ dismissed

Fate of bound party

Unknown

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #27: March 1897-Jnue 1897, 379-380; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #29: Sept. 1897-Feb. 1898, 280; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket 21, p. 4; RG207 Lancaster County Subgroup 9: Series 5 Complete Record M, p. 149-151

Source material(s)

Journal | Complete Record | Docket

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

People

• Vallecott, O. J. (petitioner)
• Mills, Benjamin D. (bound party)
• Doe, John (hc.case.ne.0571) (respondent)
• Doe, John (hc.case.ne.0571) (responding party)
• Doe, John (hc.case.ne.0571) (holding party)
• Morning, William McClellen (petitioner attorney)
• Berge, (petitioner attorney)
• Holmes, Edward P. (judge)

• Additional parties

  Norval, T. L. (Nebraska Supreme Court judge)

  Low, Samuel E. (clerk)