Markuson v. Boucher‪.‬

On the 3d of January, 1898, the appellant presented a petition to the United States District Court for the District of North Dakota for a writ of habeas corpus. It alleged that the petitioner was confied, and had been since the 7th of December, 1897, in the state penitentiary of North Dakota, under and in pursuance of a "certain pretended commitment" issued by the district court of the fifth judicial district of the State, in and for the county of Barnes, upon a "pretended judgment and sentence" of said court in certain proceedings therein instituted on the relation of the assistant attorney general of the State, and by the terms of said judgment and sentence the petitioner was sentenced to be imprisoned in said state penitentiary for one year.