Case Summary

James Hallahan was brought into custody on 21 September 1913 on the complaint and information of E. R. Leigh who charged him with the crime of disturbing the peace. He was confined until 23 September 1913, at which point he was brought before Police Judge James Callahan and sentenced to 30 days in County Jail. This petition for a Writ of Habeas Corpus argues that the imprisonment is wrongful because the Court doesn’t have jurisdiction as Hallahan is a 17 year old minor. As such, the case should be in the Juvenile Court of Douglas County. Judge Lee Estelle allowed the writ on 24 September 1913.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Disturbing the peace

Sites of significance

• Douglas County Jail (Omaha, Nebraska)
• South Omaha City Jail (South Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Unknown

Case Citation

Douglas County District Court, Criminal Appearance Docket Books, Vol. 16: ca.1913-1914, p. 316; Douglas County District Court, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 54: Doc. 16-123 to 16-326, Jul. 11, 1913 - Oct. 6, 1913, No. 16-316 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

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

State

• Nebraska

Tag(s)

• Children

People

• Hallahan, Rose (petitioner)
• Hallahan, James (bound party)
• Magney, George A. (respondent attorney)
• McShane, Jr., Felix J. (F. J.) (holding party)
• Estelle, Lee S. (judge)

• Additional parties

  Smith, Robert (Clerk)

  Cahill, John (Jailer)

  O'Sullivan, E. D. (Notary Public)

  Callahan, James (Police Judge)

  Leigh, E. R. (Complainant), Jamieson & O'Sullivan (Attorneys for Hallahan)