Ohio Revised Code Search
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Section 2725.05 | Writ not allowed.
...of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas corpus shall not be allowed. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the pr... |
Section 2725.07 | Clerk shall issue writ.
...eas corpus is granted, the clerk of the court which granted the writ shall forthwith issue said writ under the seal of such court. In case of emergency, the judge who allowed the writ may issue it under his own hand, and depute any officer or other person to serve it. |
Section 2725.08 | Designation of prisoner.
...The person to be produced upon a writ of habeas corpus shall be designated by his name, if known, and if his name is not known, or is uncertain, such person may be described in any other way so as to make known who is intended. |
Section 2725.09 | Requisites of writ.
...mand him to have such person before the court or judge designated in the writ, at a time and place therein specified. |
Section 2725.10 | Form of writ when prisoner not in custody of an officer.
...______, a judge of our _________________court, or, in case of his absence or disability, before some other judge of the same court, at ______________, forthwith to do and receive what our said judge shall then and there consider __________ concerning him in his behalf; and summon the said _________________ then and there to appear before our said judge, to show the cause of the taking and detention of the said _____... |
Section 2725.11 | Service of writ.
...er county or by a person deputed by the court or judge issuing the writ. |
Section 2725.12 | Execution and return of writ.
...ty, before some other judge of the same court, on the day specified in the writ. Said officer or person shall make due return of the writ, together with the day and the cause of the caption and detention of such person, according to its command. |
Section 2725.13 | Return of writ to another judge.
... a writ of habeas corpus is issued by a court in session, if the court has adjourned when the writ is returned, it shall be returned before any judge of the same court. When the writ is returned before one judge, at a time when the court is in session, he may adjourn the case into the court, there to be heard and determined. |
Section 2725.14 | Contents of the return.
...s found shall state, in writing, to the court or judge before whom the writ is returnable, plainly and unequivocally: (A) Whether or not he has the prisoner in his custody or power or under restraint. (B) If the prisoner is in his custody or power or under restraint, he shall set forth, at large, the authority, and the true and whole cause, of such imprisonment and restraint, with a copy of the writ, warrant, or o... |
Section 2725.15 | Return must be signed and sworn to.
...The return or statement referred to in section 2725.14 of the Revised Code shall be signed by the person who makes it, and shall be sworn to by him, unless he is a sworn public officer and makes the return in his official capacity. |
Section 2725.16 | Continuance of cause.
...The court or judge to whom a writ of habeas corpus is returned, or the court into which it is adjourned, for good cause shown, may continue the cause, and, in that event, shall make such order for the safekeeping of the person imprisoned or detained as the nature of the case requires. |
Section 2725.17 | Discharge of prisoner.
...ny mittimus or order of commitment by a court or officer authorized by law to commit. |
Section 2725.18 | Prisoner may be committed or let to bail.
...d conditioned for his appearance at the court where the offense is properly cognizable. The judge forthwith shall certify his proceedings, together with any recognizance, to the proper court. If the person charged fails to give such recognizance, he shall be committed to prison by the judge. |
Section 2725.19 | Mandatory commitment for capital offense.
...If a prisoner brougt before a judge under section 2725.12 of the Revised Code was committed by a judge, and is plainly and specifically charged in the warrant of commitment with a felony the punishment for which is capital, he shall not be removed, discharged, or let to bail. |
Section 2725.20 | Return as evidence or plea.
...on the final disposition of a case, the court or judge shall make such order as to costs as it requires. |
Section 2725.21 | Forfeiture by clerk for refusal to issue writ.
...A clerk of a court who refuses to issue a writ of habeas corpus, after an allowance of such writ and a demand therefor, shall forfeit to the party aggrieved the sum of five hundred dollars. |
Section 2725.22 | Failure to obey writ.
...No person to whom a writ of habeas corpus is directed shall neglect or refuse to obey or make return of it according to the command thereof, or make a false return, or upon demand made by the prisoner, or by any person on his behalf, refuse to deliver to the person demanding, within six hours after demand therefor, a true copy of the warrant of commitment and detainer of the prisoner. Whoever violates this section s... |
Section 2725.23 | Persons at large upon writ not to be again imprisoned.
...ss by the legal order or process of the court in which he is bound by recognizance to appear, or other court having jurisdiction of the cause or offense. No person shall knowingly, contrary to sections 2725.01 to 2725.28, inclusive, of the Revised Code, recommit, imprison, or cause to be recommitted or imprisoned, for the same offense, or pretended offense, a person so set at large, or knowingly aid or assist therei... |
Section 2725.24 | Prisoner shall not be removed from custody of one officer to another.
...ken to jail, or, by order of the proper court, is removed from one place to another within this state for trial, or in case of fire, infection, or other necessity. A person who, after such commitment, makes, signs, or countersigns a warrant for such removal contrary to this section shall forfeit to the party aggrieved five hundred dollars. |
Section 2725.26 | Record of writs.
...us must be recorded by the clerk of the court in which such proceedings were had, and may be reviewed on appeal as in other cases. |
Section 2725.27 | Recovery of forfeitures - limitations.
...or administrators by civil action in a court having cognizance thereof. Actions for violations of sections 2725.21 to 2725.24 of the Revised Code shall be brought within two years after the offense is committed, except in cases of imprisonment of the party aggrieved, when action may be brought within two years after the delivery of the party aggrieved out of prison, or after death if the party aggrieved ... |
Section 2725.28 | Fees and costs.
...The fees of officers and witnesses shall be taxed by the judge, on return of the proceedings on a writ of habeas corpus, and collected as a part of the original costs in the case. When the prisoner is discharged, the costs shall be taxed to the state, and paid out of the county treasury, upon the warrant of the county auditor. No officer or person shall demand payment in advance for any fees to which he is entitled b... |
Section 2727.02 | Causes for an injunction.
...straining an act when it appears by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part of it, consists in restraining the commission or continuance of such act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff, or when, during the litigation, it appears that the defendant is doing, threatens or is ab... |
Section 2727.03 | Courts authorized to grant injunctions.
...njunction may be granted by the supreme court or a judge thereof, the court of appeals or a judge thereof in his district, the court of common pleas or a judge thereof in his county, or the probate court, in causes pending therein, when it appears to the court or judge by affidavit of the plaintiff, or his agent, that the plaintiff is entitled to an injunction. On like grounds and proof, the probate judge may grant... |
Section 2727.05 | Injunction may be granted in cases of appeal.
...uring the pendency of the action in the court of common pleas has been vacated, either by a judge thereof in vacation or by the court previous to the trial of the action, and after such trial an appeal is taken from the judgment or final order of the court of common pleas to the court of appeals, an injunction may be granted before judgment or final order in the action, by the court of appeals in which it is pending ... |