| No. 24,764. |
Minn. |
1925-06-12 |
Granted
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State Ex Rel. Aldridge v. Aldridge
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… t the child’s mother. To obtain the custody, the grandmother sued out a writ of habeas corpus, upon which there was a hearing before the court commissioner of Steele county, who awarded the child to the grandmother. The mother appealed to t …
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| No. 24,799. |
Minn. |
1925-04-09 |
Affirmed
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State Ex Rel. Davenport v. Brown
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… PER CURIAM. Appeal from an order discharging a writ of habeas corpus. By stipulation the ease was submitted here on the evidence taken below. The sole issue concerns relator’s whereabouts on December 8, 1924, on which day occurred, at Milwa …
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| No. 24,499. |
Minn. |
1925-01-16 |
—
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State Ex Rel. Silver v. Silver and Another
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… PER CURIAM. This is a proceeding, by habeas corpus, instituted by Mendel Silver and Ethel Silver, husband and wife and natural parents of Mary Jane Silver, now of the age of about 6 years, against Mike Silver and Florence Silver, his wife, …
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| No. 24,145 |
Minn. |
1924-05-23 |
Denied
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State ex rel. Wilberg v. McNaughton
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… nvicted and committed to the city prison. He procured the issuance of a writ of habeas corpus directed to the chief of police and was discharged from custody thereunder by the court commissioner. The officer appealed to this court and the m …
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| No. 23,822 |
Minn. |
1924-03-28 |
Affirmed
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State ex rel. Weisman v. Sullivan
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… Pee Curiam. Upon the relation of Mike Weisman a writ of habeas corpus issued on August 30, 1923, from the district court of Washington county to J. J. Sullivan, warden of the state prison, at Stillwater, in that county. Upon the hearing the …
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| No. 23,853 |
Minn. |
1924-03-21 |
Remanded
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State v. Chandler
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… Wilson, €. J. The relator procured a writ of habeas corpus to issue in the district court and upon a hearing that court quashed the writ and remanded the relator to the custody of the respondent. The relator has appealed and the matter is h …
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| No. 23,751 |
Minn. |
1924-02-15 |
Granted
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Clark v. Dye
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… courts of record, except that it shall not have jurisdiction to issue writs of habeas corpus, quo warranto, ne-exeat, mandamus, prohibition or injunction.” Section 14 in part says: “And said municipal court shall have jurisdiction of actio …
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| No. 23,550 |
Minn. |
1923-06-22 |
Dismissed
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State ex rel. Mattes v. Peterson
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… n a former appeal reported in 147 Minn. 222 , 179 N. W. 1006 . A proceeding, in habeas corpus, to secure the custody of the child from respondents was commenced by relator, the mother, in November, 1918. It was subsequently heard and on the …
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| No. 23,435 |
Minn. |
1923-04-27 |
Reversed
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State ex rel. Waldron v. Bienek
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… eal from an order of the district court of Kittson county discharging a writ of habeas corpus, and by consent was sub *314 mitted upon the record made in that court. The writ was 'procured by Anua E. Waldron for the purpose of obtaining the …
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| No. 23,531 |
Minn. |
1923-04-20 |
Remanded
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State ex rel. Hinrichs v. Lockwood
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… e. He was duly committed under proper warrant and thereafter sued out a writ of habeas corpus for his release, alleging that his restraint was illegal and unauthorized. On hearing before the court the writ was discharged, with a remand of r …
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| No. 23,445 |
Minn. |
1923-01-30 |
Affirmed
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State ex rel. Georgian v. Jensen
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… ant for the rendition of Alex E. Georgian as a fugitive from justice. A writ of habeas corpus issued by the district court of Plennepin county was discharged by that court. The relator appealed to this court, and the cause was submitted on …
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| No. 23,351 |
Minn. |
1922-12-15 |
Denied
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In re the Appeal of Sanders
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… ant for the rendition of Frank A. Sanders as a fugitive from justice. A writ of habeas corpus, issued on the relation of Sanders, was quashed upon a hearing in the district court for Ramsey county and he appeals. The substantial question is …
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| No. 23,088 |
Minn. |
1922-09-22 |
—
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State v. Rudin
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… for a period of 90 days and committed thereto. Thereafter he sued out a writ of habeas corpus from the district court of Hennepin county, alleging that the ordinance under which he was convicted was void and of no effect. The writ was disch …
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| No. 23,109 |
Minn. |
1922-06-16 |
Denied
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In re Salisbury
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… PER CURIAM. The application for a writ of habeas corpus and for an order admitting the applicant to bail pending the trial of an indictmnet against her is denied. She is under indictment for murder in the first degree and bailable under the …
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| No. 22,739 |
Minn. |
1922-05-05 |
Denied
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Wall v. Borgen
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… idity of the ordinance by violating it and defending, or resorting to a writ of habeas corpus, when arrested, but he would be subject to repeated arrests pending the final termination of such proceedings, and submitting to an arrest is not …
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| No. 22,916 |
Minn. |
1922-03-17 |
Affirmed.
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Peterson v. McAuliffe
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… by leaving a copy at his home with his wife, the mother of the child. A writ of habeas corpus was issued on the petition of the mother. The respondent, the superintendent of the school mentioned, made a return that Alice Peterson was detain …
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| No. 22,323 |
Minn. |
1921-12-16 |
Writ quashed; care and custody of child awarded to Mrs. Emrick.
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State ex rel. Whalen v. Emrick
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… Holt, J. Habeas corpus by the father, James Whalen, to secure the custody of his child Gilbert. The court below awarded him to relator. The respondent, Mrs. Emrick, appeals. Gilbert was born February 21, 1913, at the home of Mrs. Emrick, wh …
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| Nos. 22,518, 22,530, 22,738 |
Minn. |
1921-12-09 |
In the opinion filed March 17, 1922, the appeals of both parties were denied.
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Spratt v. Spratt
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… hed to her application. A portion of the statement is made up of charges in the habeas corpus proceeding referred to in State ex rel. Spratt v. Spratt, 150 Minn. 5 , 184 N. W. 31 , and for services in the district court. Since December 15, …
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| Nos. 22,552, 22,553 |
Minn. |
1921-11-25 |
Affirmed.
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Fairley v. City of Duluth
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… and assert the invalidity of the tax, or after arrest may test the ordinance on habeas corpus. Every day’s use of his auto, during the pendency of the proceeding, is a separate offense. This is an unsatisfactory remedy. The defendants do no …
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| No. 22,702 |
Minn. |
1921-11-10 |
Affirmed.
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State ex rel. Berman v. Brown
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… iction to sentence him to pay a fine or to be imprisoned, he obtained a writ of habeas corpus from the district court of Hennepin county. The writ was discharged and he appealed. ; . :| R. contends that the sentence passed upon him was beyo …
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| No. 22,487 |
Minn. |
1921-11-04 |
Affirmed.
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Nemec v. Brown
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… uisition of the Governor of Illinois. After arrest plaintiff obtained a writ of habeas corpus from the district court. Upon' hearing, the writ was quashed and plaintiff remanded to the custody of the sheriff. On the same day plaintiff appea …
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| No. 22,541 |
Minn. |
1921-07-15 |
Affirmed.
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State ex rel. Spratt v. Spratt
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… Taylor, C. The relator sued out a writ of habeas corpus from the district court of Hennepin county to recover the temporary custody of Margaret Spratt, Charles Webster Spratt and Cynthia Spratt, minor children of the relator and of the resp …
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| No. 22,498 |
Minn. |
1921-07-11 |
Affirmed.
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State ex rel. Platzer v. Beardsley
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… the proceeding. On the same day she applied to the district court for a writ of habeas corpus to regain possession of her child. Her petition alleged that the child had been given into the custody of appellants by a third person without the …
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| No. 22,488 |
Minn. |
1921-06-17 |
Affirmed.
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State ex rel. Elms v. Brown
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… Quinn, J. Relator seeks release from prison through a writ of habeas corpus. The legality depends upon whether the judgment and commitment are absolutely void, because of the form of the verdict. It is the contention of relator that the ver …
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| No. 22,313 |
Minn. |
1921-03-04 |
Writ quashed.
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State ex rel. Nemec v. Sheriff of Hennepin County
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… pon the requisition of the Governor of Illinois, seeks his liberty by a writ of habeas corpus. At the hearing before the district court of Hennepin county, an order was entered on the minutes quashing the writ. On the same day relator appea …
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| No 21,808 |
Minn. |
1920-11-26 |
Order annulled.
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State ex rel. Mattes v. Juvenile Court of the County of Ramsey
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… ld in January, 1917, and they reside at Redfield. In 1918 the mother instituted habeas corpus proceedings in Ramsey county to obtain possession of the child, but failed, and its custody was awarded to Peterson until the further order of the …
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| No. 22,038 |
Minn. |
1920-07-17 |
Affirmed.
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State ex rel. Nordstrom v. Superintendent of Workhouse of Minneapolis
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… ” It appears that the trial court thereupon discharged the relator on a writ of habeas corpus and then sentenced him to pay .a fine of $200, and in default of payment to be confined in the workhouse not exceeding two and one-half months. De …
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| No. 21,992 |
Minn. |
1920-06-11 |
Reversed.
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State ex rel. Watson v. Reed
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… to have served this sentence, and he procured from the district court a writ of habeas corpus to secure his release. The district court ordered the writ discharged. Eelator appeals. The statute under which relator was sentenced, permits the …
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| No. 21,439 |
Minn. |
1920-04-30 |
Affirmed.
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State ex rel. Machgan v. Pelowski
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… Holt, J. By habeas corpus William F. Maehgan seeks to obtain the custody of his daughter Ethel from John and Veronica Pelowski, the parents of Ethel’s deceased mother. The father prevailed in the district court, and the grandparents appeale …
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| No. 21,862 |
Minn. |
1920-04-23 |
Remanded
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State ex rel. Curry v. Wagener
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… sued, and relator is now .held in custody thereunder. In support of the writ of habeas corpus for his release relator contends that he is not a fugitive from the justice of the state of Ohio and should therefore be discharged from further r …
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| No. 21,834 |
Minn. |
1920-04-16 |
Reversed
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State ex rel. Geller v. Rice
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… Holt, J. On habeas corpus relator was discharged from the custody of appellant, the sheriff, who held him under a commitment issued by -a justice of the peace. The sheriff appeals. In response to the writ the sheriff made a return, setting …
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| No. 21,700 |
Minn. |
1919-11-21 |
Affirmed.
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State ex rel. Whipple v. Martinson
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… Brown, C. J. Habeas corpus to effect the release and discharge of relator from the custody and restraint of respondent. The facts are as follows: Relator, a practicing physician, duly licensed as such under the laws of the state, was indict …
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| No. 21,069 |
Minn. |
1919-06-27 |
Reversed.
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State ex rel. Neib v. Krueger
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… Quinn, J. Appeal from an order of the district court in habeas corpus proceedings, awarding the custody of Leonard Neib, a minor of the age of 14 years, to the relator, George Neib. The relator and his former wife, daughter of the responden …
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| No. 21,456 |
Minn. |
1919-06-06 |
Affirmed.
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State ex rel. Gilbert v. Carver
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… common jail of the county. On the sixth day of May appellant sued out a writ of habeas corpus to secure his discharge from custody, upon the ground that the commitment and his detention thereunder were illegal and void and that he was commi …
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| No. 21,113 |
Minn. |
1918-09-20 |
Affirmed.
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City of Virginia v. Erickson
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… chief of police. Claiming that the ordinance was invalid he procured a writ of habeas corpus from the district court. Upon the hearing the ordinance was sustained, the relator was remanded, and he appeals. 1. Virginia is governed by a home …
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| No. 20,919 |
Minn. |
1918-04-19 |
Reversed.
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Liimatainen ex rel. Liimatainen v. Boekenoogen
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… ator was arrested by defendant, sheriff of Aitkin county. He procured a writ of habeas corpus and after hearing was discharged. Defendant sheriff appeals. The complaining witness was formerly relator’s wife. The child is the child of both. …
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| No. 20,860 |
Minn. |
1918-03-28 |
Eeversed.
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State ex rel. Murray v. Kelley
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… tion of the offense. This motion was denied and he then procured *463 a writ of habeas corpus from the district court. The hearing in the district court resulted in an order quashing the writ and the relator appealed therefrom to this court …
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| No. 20,603 |
Minn. |
1917-08-03 |
Affirmed.
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State ex rel. Gibson v. Julius
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… July 6, 1917, the relator was brought before the district court upon a writ of habeas corpus issued by said court -for the purpose of being discharged. The court discharged the writ and remanded the relator to jail. Relator appeals from th …
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| Nos. 20,515—(252) |
Minn. |
1917-07-20 |
Remanded with directions.
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State ex rel. Petcoff v. Reed
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… Taylor, C. A writ of habeas corpus was issued from the district court of Washington county to the respondent, warden of the state prison. Upon the hearing the writ was discharged. The relator appeals. Under our statute the trial in this cou …
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| Nos. 20,459—(239) |
Minn. |
1917-04-20 |
Affirmed.
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State ex rel. McMonagle v. Konshak
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… e he was committed to await the action of the grand jury. He procured a writ of habeas corpus to test the validity of his detention. Before the return day of the writ he furnished bail and was released from custody, and the trial court quas …
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| Nos. 20,130—(233) |
Minn. |
1917-02-23 |
Affirmed.
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Jacobs v. Jacobs
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… in fact separated and are living apart, the court, when its power is invoked by habeas corpus proceedings, may determine *195 which parent shall have custody of the children, and that the court in such cases will place the interests of the …
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| Nos. 20,269—(311) |
Minn. |
1917-01-11 |
Eeversed.
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State ex rel. Bond v. Langum
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… ok relator into custody by virtue of the warrant, but, by resort to the writ of habeas corpus in the state and Federal courts, relator has thus far prevented extradition. The last writ petitioned for was issued by Judge Morrison, judge of t …
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| Nos. 19,686—(86) |
Minn. |
1916-05-19 |
Affirmed.
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State ex rel. Megnella v. Meining
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… nty remanding him to the custody of the sheriff after a hearing under a writ of habeas corpus. Megnella was imprisoned *99 under a warrant of the municipal court of Duluth on a charge of operating an automobile as a common carrier for hire …
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| Nos. 19,713—(267) |
Minn. |
1916-02-04 |
Relator discharged.
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State ex rel. Carmody v. Reed
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… had been ten years, it would have ended in May, 1915. He sues out this writ of habeas corpus claiming his right to release. It is conceded that the sentence for 18 years was erroneous. It is settled in this state in accordance with the gre …
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| Nos. 19,191—(38) |
Minn. |
1916-02-04 |
Reversed and custody of the child awarded to the mother until further order of the court.
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State ex rel. Galson v. Galson
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… ies was awarded by the district court to the relator after hearing on a writ of habeas corpus. Respondent, Edna Galson, appealed from the order. Additional testimony was taken before a referee and reported by him to this court, where the ca …
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| Nos. 19,659—(270) |
Minn. |
1916-02-04 |
Reversed.
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State ex rel. Bankroft v. White
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… e was committed to the custody of the sheriff, and forthwith procured a writ of habeas corpus upon the alleged ground that she was illegally deprived of her liberty. At the hearing upon this writ, it was stipulated, among other things, that …
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| Nos. 19,413—(18) |
Minn. |
1915-11-12 |
Eeversed.
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State ex rel. Peers v. Fitzgerald
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… osed he was placed in respondent’s custody. He sought liberty through a writ of habeas corpus. From the order discharging the writ and remanding him he appeals. The city of Virginia is under a home rule charter which contains these provisio …
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| Nos. 19,442—(258) |
Minn. |
1915-07-16 |
Reversed.
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State ex rel. Kohlman v. Wagener
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… ommitted him to the custody of defendant sheriff. Petitioner procured a writ of habeas corpus to test the legality of the commitment. The trial court discharged him and the state appealed. The case turns on the validity of chapter 147, p. 2 …
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| Nos. 19,412—(257) |
Minn. |
1915-07-09 |
Reversed.
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State ex rel. Lalonde v. White
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… d and committed to the custody of the sheriff. Thereafter he sued out a writ of habeas corpus and was brought before the district court. That court remanded him to the custody of the sheriff, and he appealed to this court. It is conceded th …
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| Nos. 18,969—(3) |
Minn. |
1915-06-25 |
Peversed.
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State v. Chicago, Milwaukee & St. Paul Railway Co.
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… doubt possessed the authority after conviction to release and discharge him on habeas corpus. Such was the result in Hunter v. Wood, 209 U. S. 205 , 28 Sup. Ct. 472, 52 L. ed. 747, where an agent of the railroad company had been prosecuted …
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