| No. 31,398. |
Minn. |
1937-07-30 |
Reversed
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State Ex Rel. Johnson v. Wiecking
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… sole question presented by this appeal from an order dis *491 missing a writ of habeas corpus is whether the marriage of the detained female child under the age of 13 years removed her from the jurisdiction of the juvenile court in the coun …
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| No. 31,339. |
Minn. |
1937-03-19 |
—
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State Ex Rel. Nielsen v. Gibbons
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… ny and in consequence subjected to imprisonment, relator has procured a writ of habeas corpus directed to the sheriff of Ramsey county, on whose return the matter has been submitted. The one claim for relator is that in the district court t …
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| No. 30,608. |
Minn. |
1935-08-02 |
Granted
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State Ex Rel. Fuhs v. Kartak
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… Per Curiam. Original proceeding on a writ of habeas corpus. This opinion is filed in support of the order made June 26, 1935, discharging-relator from respondent’s custody. Eelator was originally proceeded against in the court of a justice …
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| No. 30,429. |
Minn. |
1935-05-24 |
Denied
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State v. Tupa
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… statute of limitations could not furnish a ground for release of the accused by habeas corpus. To the same effect are 12 R. C. L. 1206; 29 C. J. 44; In re Johnson, 117 Kan. 136 , 230 P. 67 , 37 A. L. R. 1114. We find some measure of support …
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| No. 30,341. |
Minn. |
1935-04-26 |
Affirmed
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State Ex Rel. Vik v. Sivertson
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… Per Curiam. This is a habeas corpus proceeding instituted July 22, 1933, upon petition to the district court of St. Louis county by Mrs. Marie Vik to obtain custody of her then 12-year old daughter Margaret, detained by Bertha Sivertson and …
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| No. 30,463. |
Minn. |
1935-03-26 |
Vacated
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State v. Hemenway
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… ed to E. S. Hammond, Esq., court commissioner of Freeborn county, for a writ of habeas corpus. 2 The commissioner did not issue the writ but, March 11, 1935, ordered that one issue to the sheriff and that it be returnable the nest day at tw …
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| Nos. 29,664, 29,665. |
Minn. |
1934-06-29 |
—
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State Ex Rel. Carlson v. Hedberg
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… JULIUS J. OLSON, Justice. Habeas corpus (two cases tried together in the court below and similarly submitted here) to determine the custody of Lucille Carlson, born April 3, 1924, and her brother Donald Carlson, born September 9, 1925. Both …
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| No. 29,978. |
Minn. |
1934-03-14 |
Reinstated
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State Ex Rel. Webster v. Moeller
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… DE'VANEY, Chief Justice. Habeas corpus proceedings instituted against George Moeller, sheriff of Ramsey county, challenging his right to retain the body of Joseph Webster, alias Joseph Hogan, relator herein. Relator was arrested by George M …
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| No. 29,811. |
Minn. |
1934-01-12 |
Granted
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State Ex Rel. Larson v. Larson
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… he California court later modified the decree, giving custody to the father. In habeas corpus proceedings brought in Oregon, the Oregon court refused to recognize the California decree and awarded custody to the mother. The facts of this ca …
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| No. 29,579. |
Minn. |
1933-06-09 |
Stayed
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State Ex Rel. Newman v. Wall
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… STONE, Justice. Habeas corpus, relator appealing from the order of the district-court discharging the writ. Indicted for perjury, relator pleaded guilty June 23, 1932. Thereupon judgment of conviction was entered, sentencing him to confinem …
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| No. 29,481. |
Minn. |
1933-06-02 |
Affirmed
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Anderson v. Averbeck
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… ed incarcerated in the jail over Sunday and was finally released upon a writ of habeas corpus on Tuesday, March 31, 1931. Plaintiff was thus held against his will in the city jail of Minneapolis without being charged with any crime or broug …
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| No. 29,372 |
Minn. |
1933-05-12 |
Reversed
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Dwinnell v. Fallon
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… bition. The factor of pecuniary advantage to the child may be of some weight in habeas corpus, where the only issue is the right to custody of a child; but in adoption, where the effort is to set aside the natural parents, such consideratio …
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| No. 29,372. |
Minn. |
1933-05-12 |
Reversed
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In Re Adoption of Anderson
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… bition. The factor of pecuniary advantage to the child may be of some weight in habeas corpus, where the only issue is the right to custody of a child; but in adoption, where the effort is to set aside the natural parents, such consideratio …
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| No. 29,346. |
Minn. |
1933-03-24 |
Remanded
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State Ex Rel. White v. Patterson
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… or appeals from the order and decree of the district court quashing the writ of habeas corpus issued herein and remanding relator to the custody of respondent, the' superintendent of the Home School for Girls of the state of Minnesota. By t …
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| No. 29,046. |
Minn. |
1932-10-28 |
Vacated
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Peterson v. Chicago, Burlington & Quincy Railroad
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… 233 (2d) 969, 971, relied on by appellant, it must be appreciated that it was a habeas corpus proceeding, and the appellate federal court ruled that the “county probate court appearing to have jurisdiction over the subject-matter wherein it …
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| No. 29,267. |
Minn. |
1932-10-28 |
Affirmed
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State Ex Rel. Ross v. Owens
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… l from an order of the district court of St. Louis county dissolving a Avrit of habeas corpus. *245 The relator was charged with robbing the Bank of Cameron at Cameron, Wisconsin, on July 15, 1932, at 11:40 a. m. Without discussing the evid …
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| No. 29,313. |
Minn. |
1932-10-28 |
Remanded
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State Ex Rel. Shapiro v. Wall
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… ion warrant and held by the Kansas authorities. He thereupon sued out a writ of habeas corpus and was thereunder discharged from custody upon the theory that he was not a fugitive from justice and could not, under the federal constitution a …
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| No. 29,282. |
Minn. |
1932-10-14 |
Affirmed
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State Ex Rel. Herniman v. Markson
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… *177 Dibell, J. In a hearing on habeas corpus the custody of James Alvin lile, the 12-year old son of the relator, Margaret lile Herniman, whs awarded to her. The respondents C. Markson and Martha Markson, her parents, and the respondent St …
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| No. 29,027. |
Minn. |
1932-10-14 |
—
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State Ex Rel. Heinemann v. Miller
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… *153 Loring, J. The relator sued out this writ of habeas corpus to obtain the custody of Patricia Heinemann, his minor daughter, born December 5, 1929, and whose mother died December 8, 1929. The district court found in favor of the respond …
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| No. 29,096. |
Minn. |
1932-07-01 |
Denied
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State Ex Rel. Preis v. District Court
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… contention of the respondent that the relator had an adequate remedy either by habeas corpus or by appeal. In Northfoss v. Welch, 116 Minn. 62 , 133 N. W. 82 , 36 L.R.A. (N.S.) 578, Ann. Cas. 1913A, 1257, it was held that habeas corpus was …
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| Nos. 28,746, 28,754. |
Minn. |
1932-02-26 |
Denied
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State Ex Rel. Sundberg v. District Court
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… y sufficient manner, he is entitled to discharge as matter of law, on a writ of habeas corpus in the absence of other adequate remedy. Northfoss v. Welch, 116 Minn. 62 , 133 N. W. 82 , Ann. Cas. 1913A, 1257, annotated, 36 L.R.A.(N.S.) 578. …
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| No. 28,538. |
Minn. |
1931-10-23 |
Granted
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Graml v. Graml
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… excluded, but she resorted to and obtained the custody of the child by writ of habeas corpus. Based upon the testimony of the plaintiff, there ivas a clear case of desertion. Her testimony is that she requested the defendant, through her a …
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| No. 28,741. |
Minn. |
1931-10-16 |
Remanded
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State Ex Rel. Kollman v. Johnson
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… J. This is an appeal from the order of the district court discharging a writ of habeas corpus and remanding the appellant to the custody *310 of the sheriff of Nicollet county. By stipulation the case was heard here on the record made in th …
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| No. 28,590. |
Minn. |
1931-05-08 |
Reversed
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State Ex Rel. Broberg v. State Board of Control
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… tody of the state board of control. Not being released, she sued out a Avrit of habeas corpus in the district court on March 20, 1931. Hearing was had thereon, and that court, on March 31, 1931, by its order commanded the state board of con …
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| No. 28,364. |
Minn. |
1931-04-24 |
Affirmed
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State v. Dove
|
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… ulations contemplated in force by presidential proclamations. This appellant on habeas corpus raised the same question in the federal court (D. C.) 49 F. (2d) 816, and Judge Cant, in discharging the Avrit, ruled that as yet state jurisdicti …
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| No. 28,426. |
Minn. |
1931-01-17 |
Denied
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State Ex Rel. Hildebrand v. Moeller
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… er Curiam. Application to fix bail on appeal to this court from a decision in a habeas corpus proceeding remanding relator to the custody of the sheriff of Ramsey county, who had apprehended and held him under a rendition warrant issued by …
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| No. 28,418. |
Minn. |
1931-01-16 |
Denied
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State Ex Rel. Ryan v. Morical
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… deer during the closed season. His petition to the district court for a writ of habeas corpus was denied, and he appeals. If we confined ourselves to the argument for relator we would be unable to afford him any relief. He was tried and con …
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| No. 28,268. |
Minn. |
1930-11-07 |
Remanded
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State Ex Rel. King v. Wall
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… Wilson, C. J. Relator has appealed from an order quashing a writ of habeas corpus and remanding him to the custody of the respondent. By stipulation the parties have submitted the matter to this court upon the record made in the lower court …
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| No. 27,859. |
Minn. |
1930-03-14 |
Remanded
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State Ex Rel. Ross v. Sullivan
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… Dibell, J. Writ of habeas corpus from the district court of Washington county to the Avarden of the state prison. Its purpose Avas to determine whether the sentence of the relator had expired. The writ was quashed, the court holding that th …
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| No. 27,764. |
Minn. |
1930-03-14 |
Denied
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Dacey v. Dacey
|
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… court to determine them. This court does not try the case de novo as it does in habeas corpus proceedings. We have carefully examined the record and are satisfied that the provision originally made for the children and again approved by the …
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| No. 27,774. |
Minn. |
1930-03-07 |
Remanded
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State Ex Rel. Link v. Mason
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… *473 Dibell, J. This is a proceeding in habeas corpus instituted in the district court of Hennepin county by the relator, Augusta Link, to obtain the custody of Muriel Alice Mason then in the custody of the respondent, Thomas A. Mason. The …
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| No. 27,492. |
Minn. |
1929-11-01 |
Dismissed
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State v. Zenzen
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… lable. State ex rel. Williams v. Juvenile Court, 163 Minn. 312 , 204 N. W. 21 . Habeas corpus may be available. Peterson v. McAuliffe, 151 Minn. 467 , 187 N. W. 226 . Appeal dismissed. …
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| No. 27,645. |
Minn. |
1929-10-25 |
Remanded
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State Ex Rel. Elliott v. Wall
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… or from an order of the district court of Hennepin county quashing the Avrit of habeas corpus and remanding him to the custody of the respondents. Upon the requisition of the governor of Georgia the governor of this state issued a Avarrant …
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| No. 27,338. |
Minn. |
1929-04-26 |
Affirmed
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State Ex Rel. Keyes v. Vasaly
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… *339 Taylor, C. The relator procured a writ of habeas corpus from the district court of Stearns county directed to the superintendent of the state reformatory at St. Cloud alleging that he was unlawfully imprisoned therein. The district cou …
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| No. 27,371. |
Minn. |
1929-03-08 |
Granted
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State Ex Rel. Siehl v. Jorgenson
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… . Appeal from an order of the court commissioner denying relator’s release in a habeas corpus proceeding and remanding him to the custody of respondent, the sheriff of Martin county. The facts are these: Relator, on November 9, 1928, duly c …
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| No. 26,947. |
Minn. |
1929-01-11 |
Granted
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State Ex Rel. Feeley v. Williams
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… Wilson, C. J. Habeas corpus on the relation of Frank J. Feeley and Marie Feeley in an effort to obtain the custody of Feeley’s daughter, 12y2 years old, in respondents’ custody. Frank J. Feeley married Mildred Engemoen. A daughter was born …
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| No. 27,129. |
Minn. |
1928-11-16 |
—
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State Ex Rel. Lund v. Anderson
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… Wilson, C. J. Habeas corpus on the relation of Hugo F. Lund in an effort to obtain the custody of his two children, Bert Dickerson Lund about two years of age, and Hugo Frank Lund, Jr. about six months of age. They are now in the custody of …
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| Nos. 26,430, 26,431. |
Minn. |
1928-03-09 |
Remanded
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State Ex Rel. Klingle v. Fisher
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… to pay the fine and Avas committed to the jail. Thereupon he procured a writ of habeas corpus from the district court of Steele county. That court discharged the writ and remanded him to the custody of the sheriff. He appealed. The cause is …
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| No. 26,547. |
Minn. |
1927-12-16 |
Modified
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State Ex Rel. Pappenfus v. Kourtz (Kowitz)
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… Taxlor, C. 1. James Pappenfus procured a writ of habeas corpus from the district court of Benton county on September 6, 1927, for the purpose of obtaining the custody of his minor son, Edward Pappenfus, now seven years of age. He was awarde …
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| No. 26,413. |
Minn. |
1927-10-14 |
Remanded
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State Ex Rel. Rogers v. Murnane
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… justice of South Dakota. He was taken into custody. Upon his relation a writ of habeas corpus was issued by the Ramsey district court directed to E.J. Murnane, chief of police of St. Paul, who returned that he had delivered Rogers to the sh …
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| No. 26,172. |
Minn. |
1927-04-14 |
Remanded
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State Ex Rel. Krinkie v. Felix
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… committed to the county jail. Thereafter he procured the issuance of a writ of habeas corpus from the court commissioner of that county. At the hearing, the court commissioner discharged the writ and remanded him to *141 the custody of the …
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| No. 26,168. |
Minn. |
1927-03-25 |
Remanded
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State Ex Rel. Knapp v. Sullivan
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… 27, the accused, through his present counsel, applied to and procured a writ of habeas corpus from the district court of Washington county. The writ was duly served and the respondent’s return thereto made. Upon hearing before the district …
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| No. 25,904. |
Minn. |
1926-12-10 |
—
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State Ex Rel. Henning v. Gundvaldson
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… Dibell, J. Habeas corpus on the relation of Mrs. George C. Henning to determine the custody of her infant daughter now in the custody of the defendants Elmer Gundvaldson and Luvena Gundvaldson, husband and wife, the latter a sister of Mrs. …
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| No. 25,630. |
Minn. |
1926-08-06 |
Remanded
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State Ex Rel. Degen v. Freeman
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… *375 Dibbll, J. A writ of habeas corpus was issued by the district court of Nicollet county to secure the release of Irwin Degen from the state hospital for the insane at St. Peter where he is confined under commitment from the probate cour …
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| No. 25,512. |
Minn. |
1926-07-02 |
Affirmed
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State v. Mandehr
|
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… rsed on appeal, or Mandehr might have been released from *145 imprisonment in a habeas corpus proceeding. In re White, 43 Minn. 250 , 45 N. W. 232 . But it does not follow that the court was without jurisdiction because its judgment was ope …
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| No. 25,585. |
Minn. |
1926-05-21 |
Affirmed
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State Ex Rel. Graves v. Brunskill
|
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… al from an order of the district court of Hennepin county discharging a writ of habeas corpus. It appears from the petition for the writ that in January, 1926, relator was convicted, in the municipal court of the city of Minneapolis, of the …
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| No. 25,458. |
Minn. |
1926-03-26 |
Remanded
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State Ex Rel. Cary v. Municipal Court Officers
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… an ordinance of the city relating to the installation of oil burners. A writ of habeas corpus was issued from the Hennepin district court, and upon the hearing he was discharged. The officer in whose custody he was appeals. The appeal comes …
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| No. 24,817. |
Minn. |
1925-11-27 |
Affirmed
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State Ex Rel. Strupp v. Anderson
|
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… Wing and a sentence to imprisonment for 60 days, the relator procured a writ of habeas corpus from the district court. Upon hearing, the writ was discharged and relator appeals. The arguments advanced in his behalf will be disposed of in th …
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| No. 24,980. |
Minn. |
1925-10-02 |
—
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State Ex Rel. Fossen v. Hitman
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… Holt, J. In a habeas corpus proceeding relator was awarded the custody of his five-year-old child, Irene. Bespondents appealed to this court where the case was by stipulation submitted upon the record taken before the court commissioner who …
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| No. 24,866. |
Minn. |
1925-07-24 |
Remanded
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State Ex Rel. Plaster v. Maher
|
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… Per Curiam. A writ of habeas corpus was issued by the court commissioner of Washington county, on the petition of the relators Plaster and Wilhelm, directed to the sheriff of Washington county, in whose custody the relators were upon a conv …
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