| No. 35,491 |
Minn. |
1951-11-23 |
Granted
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State ex rel. Stephenson v. Ryan
|
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… ustice. Relator petitioned the district court for Hennepin county for a writ of habeas corpus. He had been arrested as a fugitive from justice upon an extradition warrant by the governor of Minnesota on request of the governor of Indiana. T …
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| No. 35,608 |
Minn. |
1951-10-05 |
Denied
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Shaw v. Utecht
|
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… urt for Washington county dated May 8, 1951, denying his petition for a writ of habeas corpus. Respondent moves to quash the petition and to dismiss the appeal upon the ground that the petition fails to allege facts which entitle petitioner …
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| No. 35,539 |
Minn. |
1951-06-22 |
Denied
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In re Shetsky for Return of Bail Money
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… ate prison at Stillwater, Minnesota, where he remained for over three years. In habeas corpus proceedings, it was determined that it was a lack of due process to sentence him in absentia, and he was ordered by this court to be returned to H …
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| Nos. 35,288, 35,320, 35,354 |
Minn. |
1951-06-19 |
Dismissed
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State ex rel. Ausdemore v. Catholic Welfare Ass'n
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… No. 35,354 is an appeal from an order of the district court quashing a writ of habeas corpus. Both *3 cases arose out of the same general fact situation as case No. 35,320 and were heard at the same time as the latter case under an order o …
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| 35,505 |
Minn. |
1951-03-22 |
Denied
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State Ex Rel. Schwanke v. Utecht
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… s appeal from an order of the district court denying his petition for a writ of habeas corpus, respondent moves for a dismissal of the appeal. On March 24, 1948, a sworn complaint was made and filed in the municipal court of Mankato, Minnes …
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| 35,483 |
Minn. |
1951-03-02 |
Denied
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Bellows v. Ericson
|
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… ict court shall have power “to issue writs of injunction, ne exeat, certiorari, habeas corpus, mandamus, quo warranto, and all other writs, processes, and orders necessary to the complete exercise of the jurisdiction vested in them by law, …
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| 35,365 |
Minn. |
1950-09-29 |
Dismissed
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Norris Grain Co. v. Seafarers' International Union of North America
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… ral rule, be redressed by the ordinary remedies of appeal, motion to vacate, or habeas corpus proceedings. Such remedies may, it is true, be inconvenient, and, at times, incomplete. The consequences of judicial error are not entirely erased …
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| 35,385 |
Minn. |
1950-09-29 |
Affirmed
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State Ex Rel. Perkins v. Utecht
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… of the district court for Washington county denying his petition for a writ of habeas corpus. Respondent moves to dismiss the appeal upon the grounds that all questions raised by the present petition were decided and determined against pet …
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| 35,285 |
Minn. |
1950-08-18 |
Denied
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Shaw v. Utecht
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… n, Justice. Petitioner appeals from an order denying his petition for a writ of habeas corpus. Respondent moves to quash the petition and dismiss the appeal. Petitioner was charged by information of the county attorney of Olmsted county wit …
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| 35,243 |
Minn. |
1950-06-09 |
Denied
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State Ex Rel. Pinkerman v. Utecht
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… Pek Curiam. Petitioner appeals from an order denying his petition for a writ of habeas corpus. The petition sets forth that on‘October 8, 1943, an information was filed in the office of the clerk of the district court of Hennepin county cha …
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| 35,282 |
Minn. |
1950-06-09 |
Affirmed
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State Ex Rel. Perkins v. Utecht
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… ribed proceedings. On March 18, 1950, petitioner filed a petition for a writ of habeas corpus in the district court of Washington county, claiming that he was illegally detained there in the state prison by respondent. Attached to his petit …
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| Nos. 35,305, 35,306 |
Minn. |
1950-06-02 |
Denied
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Willis v. Utecht
|
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… circumstances as would justify original application to this court for a writ of habeas corpus. State ex rel. Murphy v. Wolfer, 127 Minn. 102 , 148 N. W. 896 , L. R. A. 1915B, 95; Wojahn v. Halter, 229 Minn. 374 , 39 N. W. (2d) 545 . Writs d …
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| 35,239 |
Minn. |
1950-05-22 |
Denied
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Stolpestad v. Utecht
|
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… istrict court of Washington county, nineteenth judicial district, for a writ of habeas corpus. His petition was denied February 21, 1950. He appeals from the order denying his petition for such writ. The case comes here de novo. The petitio …
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| No. 35,214 |
Minn. |
1950-03-03 |
Affirmed
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State ex rel. Gagnon v. Utecht
|
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… he district court of Washington county denying relator’s petition for a writ of habeas corpus. This matter was heretofore before us on an appeal from an order denying a petition for a writ of habeas corpus, and the order was affirmed by us …
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| 35,142 |
Minn. |
1950-01-27 |
Granted
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State Ex Rel. Jackson v. Willson
|
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… ng, brought before the probate court of Olmsted county, is in fact an attempted habeas corpus proceeding, and that a probate court lacks jurisdiction to entertain such a proceeding. That the probate court has no jurisdiction in habeas corpu …
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| No. 35,157 |
Minn. |
1950-01-06 |
Denied
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State ex rel. Hansen v. Utecht
|
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… uriam. There is before us an appeal from the order denying petitioner a writ of habeas corpus. This brings the case here de novo, but instead of appointing a referee to take testimony upon the petition, we consider the question as to whethe …
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| No. 35,038. |
Minn. |
1949-12-09 |
Granted
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State Ex Rel. Rys v. Vorlicek
|
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… m an order of the district court of McLeod county in a proceeding for a writ of habeas corpus in which the custody of a minor child, Sylvia Rys, was awarded to respondents. The case has been considered here upon the testimony taken before a …
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| No. 35,060. |
Minn. |
1949-11-04 |
Dismissed
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Wojahn v. Halter
|
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… Knutson, Justice. This matter comes here on an original petition for a writ of habeas corpus challenging the validity of the imprisonment of relator, Harry Faul, for contempt of court. The case has been submitted here on affidavits of the p …
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| No. 34,845. |
Minn. |
1949-08-05 |
Denied
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Atwood v. Atwood
|
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… in fact separated and are living apart, the court, when its power is invoked by habeas corpus proceedings, may determine which parent shall have the custody of the children, and that the court in such cases will place the interests of the c …
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| No. 34,977. |
Minn. |
1949-06-10 |
Denied
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Guy v. Utecht
|
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… Magnet, Justice. On January 24,1949, appellant filed a petition for writ of habeas corpus in the district court for Washington county. On the same day, the court issued an order to respondent to show cause why the writ should not issue. Res …
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| No. 34,969. |
Minn. |
1949-04-14 |
Granted
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State v. Meyer
|
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… ole); Hodge v. Huff, 78 App. D. C. 329, 140 F. (2d) 686 (no right to counsel on habeas corpus hearing subsequent to trial); Ex parte Boyd, 73 Okl. Cr. 441, 122 P. (2d) 162 (revocation of probation) ; People ex rel. Ross v. Ragen, 391 Ill. 4 …
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| No. 34,839. |
Minn. |
1949-02-21 |
Remanded
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State Ex Rel. Shetsky v. Utecht
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… g, Chief Justice. TMs case comes here on appeal from the discharge of a writ of habeas corpus by the district court. Under M. S. A. 589.30, it is tried in this court de novo. Rubin Shetsky, the relator, was indicted in Hennepin county Augus …
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| No. 34,875. |
Minn. |
1948-11-26 |
Affirmed
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State Ex Rel. Gagnon v. Utecht
|
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… ourt of Washington county, this state, denying relator’s petition for a writ of habeas corpus. Eelator was charged by an information filed by the county attorney of Hennepin county, in this state, on March 23, 1939, with having committed th …
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| No. 34,876. |
Minn. |
1948-10-29 |
Granted
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Kienlen v. Kienlen
|
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… n State ex rel. Merritt v. Eldred, 225 Minn. 72 , 29 N. W. (2d) 479 , involving habeas corpus proceedings brought by the father to obtain possession of his minor child after the death of the mother, to whom custody had been given under a di …
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| No. 34,683. |
Minn. |
1948-05-28 |
Reversed
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State Ex Rel. Bush v. Whittier
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… homas Gallagher, Justice. This is an appeal from an order discharging a writ of habeas corpus and remanding relator to the custody of respondent as superintendent of the Minnesota State Eeformatory at St. Cloud. On March 23,1939, an informa …
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| No. 34,483. |
Minn. |
1947-11-14 |
Granted
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State Ex Rel. Merritt v. Eldred
|
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… ussell Gordon Merritt, the district court for Eamsey county granted its writ of habeas corpus for the possession of relator’s seven-year-old child, Barbara Joan Merritt. Ee-spondent below, Philip E. Eldred, appealed. The matter is before th …
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| No. 34,391. |
Minn. |
1947-05-16 |
Denied
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Willoughby v. Utecht
|
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… Peterson, Justice. Petitioner appeals from an order discharging a writ of habeas corpus and remanding him to the custody of respondent. By stipulation, the appeal is to be heard and decided upon the record below. The petition attempts to se …
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| No. 34,135. |
Minn. |
1946-03-15 |
Dismissed
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State Ex Rel. Wendland v. Probate Court
|
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… ctional facts and cannot be impeached or contradicted collaterally on a writ of habeas corpus. “That habeas corpus lies only to determine the question of jurisdiction and the right of the custodian to hold the petitioner in custody. It is n …
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| No. 33,989. |
Minn. |
1946-01-04 |
Denied
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State Ex Rel. Baker v. Utecht
|
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… Upon relator’s appeal from an order of the district court discharging a writ of habeas corpus issued in his behalf, respondent moves to quash said writ “upon the ground that the record shows no reason for allowing said writ of habeas corpus …
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| No. 34,176. |
Minn. |
1945-12-28 |
Remanded
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State Ex Rel. MacMillen v. Utecht
|
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… ce. Petitioner applied to the district court of Washington county for a writ of habeas corpus, alleging in his application therefor that he was unlawfully restrained in the state prison at Stillwater. On August 18, 1945, the district court …
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| No. 34,066. |
Minn. |
1945-07-27 |
Granted
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State Ex Rel. Dufault v. Utecht
|
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… at Stillwater. *432 On February 2, 1943, relator filed a petition for a writ of habeas corpus in the district court of Washington county. On April 1, 1943, that court granted respondent’s motion to quash and remanded the prisoner. Again, on …
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| No. 33,642. |
Minn. |
1943-12-24 |
Granted
|
Guy v. Utecht
|
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… mainder of his sentence. Petitioner applied to the district court for a writ of habeas corpus, which was issued on December 22, 1942. The application for the writ alleged among other things that the board of pardons was without jurisdiction …
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| No. 33,559. |
Minn. |
1943-11-19 |
Dismissed
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In Re Guardianship of Campbell
|
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… t was made and Dr. Baker promptly qualified. Petitioner then sought by means of habeas corpus to get possession of the child, but that proceeding was later dismissed. He then applied to the probate court to vacate the original order appoint …
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| No. 33,559 |
Minn. |
1943-11-19 |
Dismissed
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Campbell v. Baker
|
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… t was made and Dr. Baker promptly qualified. Petitioner then sought by means of habeas corpus to get possession of the child, but that proceeding was later dismissed. He then applied to the probate court to vacate the original order appoint …
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| No. 33,585. |
Minn. |
1943-06-25 |
Granted
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State Ex Rel. Peterson v. Sanders
|
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… Thomas Gallagher, Justice. On August 25, 1942, respondent instituted habeas corpus proceedings in the district court of Houston county to obtain custody of his five-year-old daughter, Lucia Gail Peterson, detained by her grandmother, Ellen …
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| No. 33,353. |
Minn. |
1943-06-18 |
Stayed
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Kleidon v. Glascock
|
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… couldn’t do it. “Q. Did he say why he couldn’t do it? “A. Well, he had to get a habeas corpus to get .me out.” ****» “Q. Did Mr. Glascock ask you to sign a paper, the statement that he had taken from you that evening? “A. Yes. *421 “Q. He w …
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| No. 33,320. |
Minn. |
1943-01-02 |
Affirmed
|
State Ex Rel. Ashcroft v. Jensen
|
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… Pee Curiam. This is an appeal from an order of the district court in a habeas corpus proceeding giving custody of the minor child of relators to respondents without prejudice to a later renewal of the writ. We find the following facts. In 1 …
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| Nos. 33,214, 33,215. |
Minn. |
1942-12-31 |
Granted
|
State Ex Rel. Ging v. Board of Education
|
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… or that they be affirmed. Harris, The Law of Certiorari, p. 33, § 38; 1 Bailey, Habeas Corpus and Special Remedies, p. 746, § 189; 11 C. J. p. 209, § 376; 14 C. J. S., Certiorari, p. 319, § 174. Under our practice, certiorari is not the com …
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| No. 33,054. |
Minn. |
1942-01-16 |
Stayed
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State Ex Rel. Price v. Price
|
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… Holt, Justice. Habeas corpus instituted by respondent in the district court of Pine county against appellant, his wife, for the custody of their child Nancy, born March 17, 1989, appellant, without cause, having departed from respondent’s h …
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| Nos. 33,071, 33,072. |
Minn. |
1941-09-26 |
Affirmed
|
State Ex Rel. Jeffrey v. Tessmer
|
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… nt as the sheriff of that county. The appeals are from orders quashing writs of habeas corpus and remanding them to custody. Relators, who are mother and son, and one Weaver were charged with setting fire to the mother’s chicken hatchery. T …
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| No. 32,480. |
Minn. |
1940-12-06 |
—
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State v. Gottwalt
|
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… evidence before the committing magistrate in a timely proceeding by the writ of habeas corpus. Whether or not such a writ would lie after the finding of the information or after an indictment we do not need here to determine; but, in the in …
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| No. 32,502. |
Minn. |
1940-07-12 |
Affirmed
|
State Ex Rel. Olson v. Sorenson
|
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… Gallagher, Chief Justice. On the relation of Helmer and Pearl Olson a writ of habeas corpus issued out of the district court of Kittson county to determine custody of their nine-year-old daughter, Beverly. The writ was directed to the mater …
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| No. 32,194. |
Minn. |
1939-07-21 |
Granted
|
State Ex Rel. Dunlap v. Utecht
|
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… e comes here on an appeal by the state from an order of the district court in a habeas corpus proceeding discharging the relator from the custody of the warden of the state penitentiary. October 9, 1933, Dunlap was charged with grand larcen …
|
| No. 31,931. |
Minn. |
1938-10-21 |
Affirmed
|
State Ex Rel. Novak v. Utecht
|
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… Stone, Justice. Relator appeals from an order discharging his writ of habeas corpus and remanding him to the custody of respondent as warden of the Minnesota State Prison at Stillwater. February 21, 1910, appellant, after due indictment and …
|
| No. 31,246. |
Minn. |
1938-07-01 |
Denied
|
State v. Rowe
|
|
… , 1936. He was confined in jail for several days and then released on a writ of habeas corpus. During the ensuing months he was questioned at various times by county officials, and on September 3, 1936, a complaint charging him with murder …
|
| No. 31,689. |
Minn. |
1938-06-10 |
Reversed
|
State v. Rudolph
|
|
… 253 N. W. 749 , where after judgment of filiation the defendant was released on habeas corpus by the district court on the ground that the court rendering the judgment was without jurisdiction because the mother filed the complaint in a cou …
|
| No. 31,627. |
Minn. |
1938-04-08 |
Granted
|
Buckman v. Houghton
|
|
… and her son were visiting at her former home in Illinois, the appellant started habeas corpus proceedings to obtain the custody of Ross. The hearing on these proceedings was evidently adjourned from time to time and apparently has not yet t …
|
| No. 31,744. |
Minn. |
1938-04-01 |
—
|
State Ex Rel. Best v. Gibbons
|
|
… Peterson, Justice. Eelator by writ of habeas corpus issued out of this court chal *422 lenges the jurisdiction of a justice of the peace of the town of Rose in the county of Ramsey to hear and determine a charge of petit larceny for which h …
|
| No. 31,662. |
Minn. |
1938-02-18 |
Affirmed
|
State Ex Rel. Voorhees v. Syck
|
|
… ustody, whereupon the district court, on appellant’s petition, issued a writ of habeas corpus. Upon its return a hearing was had, the writ was discharged, and the petitioner was ordered returned to the custody of respondent. From this order …
|
| No. 31,192. |
Minn. |
1937-09-24 |
Reversed
|
Reid v. Independent Union of All Workers
|
|
… a direct attack upon the order in question, one releasing a prisoner on writ of habeas corpus , which was nullified by the mandamus compelling its vacation. Concurring in the result, Mr. Chief Justice Orr objected to such use of the writ of …
|