Case Summary

James Herbert Van Closter and Andrew W. McLaughlin filed a writ of Habeas Corpus claiming they were detained by Sheriff E. T. Werden on a pretend warrant for the alleged fraudulent selling and disposing of mortgaged property during a lease - a complaint that was filed by John L. Miles. Closter and McLaughlin were then taken by Werden from Omaha, where they lived, to the county of Nuckolls, Nebraska. Closter and McLaughlin were released from custody on bail and made to return on the 5th of June. Upon return, Closter and McLaughlin were ordered to be released into the custody of Nuckolls County by Judge Lee S. Estelle.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Mortgage fraud

Sites of significance

• Unspecified Jail (, )

Outcome

Writ allowed

Fate of bound party

Custody transferred to third party

Case Citation

History Nebraska, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 2: General Index Books & Court Journals, Vol. 6: May 29, 1891 - Jul. 10, 1891, pp. 88, 118-9, 145; Douglas County District Court, Civil Appearance Docket Files, Project No. 45, Roll 394: Doc. 25-56 to 25-85, No. 25-78

Source material(s)

Journal | Case File

Length of case file

Between 31 and 40 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

People

• Adams, Isaac (petitioner attorney)
• Closter, James Herbert Van (petitioner)
• Closter, James Herbert Van (bound party)
• McLaughlin, Andrew W. (petitioner)
• McLaughlin, Andrew W. (bound party)
• Werden, E. T. (responding party)
• Werden, E. T. (holding party)
• Estelle, Lee S. (judge)
• Tiffany, (respondent attorney)
• Kochler, (respondent attorney)
• Tooley, (respondent attorney)

• Additional parties

  Covell, George W. (surety for McLaughlin)

  Jackson, Eben D. (justice of the peace)

  Miles, John L. (original complainant)

  Moon, Frank E. (clerk)