User:Ironholds/Controverting

The rule against controverting the return referred to a concept in English law surrounding habeas corpus - the court order that requires a person who has been imprisoned to be brought before a judge. The doctrine first evolved yadda, yadda....

In 1758, as part of a Parliamentary debate on habeas corpus, Wilmot CJ presented an opinion that, amongst other things, argued that it was inappropriate for the judge to controvert, or question, the facts presented by the jailer in their 'return' - the formal reply to the court explaining why an individual was imprisoned.

Wilmot's Opinion
In 1758, a group of Parliamentarians debated passing a law