Case Summary

Litz was found guilty of destroying property in another case and then sentenced to jail for one day by justice of the peace R. B. Montgomery. Litz alleged that the justice exceeded his authority and jurisdiction in sentencing him and had no authority to pass a sentence upon him. He was found to be wrongfully imprisoned and was released from custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Carceral

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

History Nebraska, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 2: General Index Books & Court Journals, Vol. 36: Oct. 23, 1894 - Mar. 7, 1895, pp. 431-4; Douglas County District Court, Civil Appearance Docket Files, Project No. 45, Roll 639: Doc. 48-256 to 48-294, No. 48-278

Source material(s)

Case File | Journal

Length of case file

Between 11 and 20 pages

Repository(s)

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

State

• Nebraska

People

• Scott, Cunningham R. (judge)
• Drexel, John C. (holding party)
• Drexel, John C. (respondent)
• Drexel, John C. (responding party)
• Litz, Howard (petitioner)
• Litz, Howard (bound party)
• Patrick, W. R. (William) (petitioner attorney)

• Additional parties

  Sullivan, John (made a complaint against Litz)

  Montgomery, R. B. (justice of the peace)

  Moore, Frank E. (clerk)

  Rofrizweig, H. (deputy, notary public)