Case Summary

On April 16th, 1921, Nick Fort was charged and arraigned for a vagrancy charge for which he plead not guilty but was found by Charles E. Foster, Police Magistrate, to be guilty for. The conviction was appealed to the District Court where Judge L. B. Day denied the appeal for want of jurisdiction by reason of defective bond on appeal. Day ordered that the remainder of the original 30-day sentence be finished. On December 30th, 1921, Fort was arrested again on a state mittimus concerning the previous charge. A petition was then filed on January 3rd, 1922, by Fort which alleged that the mittimus alleges violations of Nebraska State Laws when the original charge was concerned with a City of Omaha Ordinance. On January 4th, 1922, the response from Sheriff Clark was filed and a hearing was scheduled. Judge A. C. Troup found in favor of the petitioner and ordered Fort discharged on January 10th, 1922.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Vagrancy

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 24: ca. 1921 - 1922, p. 510; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 103: 24-465 to 24-580, Dec. 22, 1921 - Jan. 22, 1922, No. 24-510

Source material(s)

Docket | Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Point(s) of law cited

Nebraska State Statutes|Ordinances of the City of Omaha

Tag(s)

• Technical vagrancy
• Riot

People

• Fort, Nick (petitioner)
• Fort, Nick (bound party)
• Troupe, A. C. (Troup) (judge)
• Foster, Charles E. (authority ordering detention)
• Foster, Charles E. (police magistrate)
• Shotwell, Abel V. (respondent attorney)
• Clark, Michael L. (respondent)
• Clark, Michael L. (responding party)
• Clark, Michael L. (holding party)
• Moore, (petitioner attorney)
• Cranny, J.D. (petitioner attorney)

• Additional parties

  Foster, W. A. (Deputy); Payne, N. F. (Charged Additionally); Walsh, C. E. (Prosecuting Attorney); Smith, Robert (Clerk); Day, L. B. (Judge on Appeal); Danbaum (Witness); Pautag (Witness); Moore Jr. (Notary Public); Gottneid, Sidney J. (Deputy Clerk)