| Nos. 19,047-(297) |
Minn. |
1914-10-02 |
Eelator discharged.
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State ex rel. Murphy v. Wolfer
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… and is entitled to be discharged from prison. In this case the original writ of habeas corpus was issued out of this court, running to the respondent in Washington county. This court, as well as the district court, may, subject to certain r …
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| Nos. 18,893, 18,894—(291, 292) |
Minn. |
1914-07-17 |
Reversed, and relators remanded.
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State ex rel. Lower v. McKinnon
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… This is an appeal from an order of the district court of St. Louis county, in a habeas corpus proceeding, discharging the relator from custody. The relator conducts a licensed saloon in the village of Moose Lake in Carlton county. The villa …
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| Nos. 18,842—(280) |
Minn. |
1914-06-05 |
Affirmed.
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State ex rel. Fowler v. Langum
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… ties the relator, Harry L. Fowler. Fowler was arrested, and obtained a writ ■of habeas corpus. After hearing, the district court quashed the writ and remanded relator to the custody of the sheriff under the warrant. The relator appealed fro …
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| Nos. 18,794—(273) |
Minn. |
1914-05-29 |
Reversed.
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State ex rel. Miller v. Carver
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… Holt, J. Appeal by relator in a habeas corpus proceeding from the order of the district court remanding him to the custody of the sheriff, the respondent in the writ. The facts are these: Triumph and Monterey were contiguous villages in Mar …
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| Nos. 18,783 — (15) |
Minn. |
1914-04-24 |
Affirmed on both appeals.
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State ex rel. Works v. Langum
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… Holt, J. The order made by the district court in a habeas corpus proceeding is attacked upon this appeal by each of the tw.o parties concerned. The relator, an attorney engaged in the trial of an action before Hon. C. L. Smith, a judge of t …
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| No. 18,763 |
Minn. |
1914-03-30 |
Denied
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Hunt v. Hoffman
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… ginal remedial writs,” such as mandamus, certiorari, quo warranto, prohibition, habeas corpus, and the like. State v. St. Paul & S. C. R. Co. 35 Minn. 222 , 28 N. W. 245 ; State v. Minn. Thresher Mnfg. Co. 40 Minn. 213 , 41 N. W. 1020 , …
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| Nos. 18,593—(311) |
Minn. |
1914-01-30 |
Reversed.
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State ex rel. Graves v. Haugen
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… rriage charged, the court commissioner of the county ordered issue of a writ of habeas corpus returnable before himself, and after hearing discharged him for insufficiency of the evidence to warrant the magistrate’s decision. The sheriff ap …
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| Nos. 18,522—(306) |
Minn. |
1913-12-05 |
Affirmed.
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State ex rel. Evangelical Lutheran Kinderfreund Society v. White
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… Philip E. Brown, J. Appeal by relator from an order of the district court, in habeas corpus proceedings, awarding custody of a female child 11 .years old to respondent. The cause was tried here de novo, pursuant to G. S. 1913, § 8312, on th …
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| Nos. 18,338—(283) |
Minn. |
1913-09-26 |
Writ quashed.
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State ex rel. Beekley v. McDonald
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… house sentence-imposed, which was stayed until August 12. On August 5 a writ of habeas corpus issued out of the district court of Hennepin county, in relator’s behalf, to the city’s superintendent of police, one Martinson, in whose custody …
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| Nos. 18,126—(26) |
Minn. |
1913-04-18 |
Affirmed.
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State ex rel. Stone v. Eck
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… municipal court of that city, 'and subsequent to his arrest sued out a writ of habeas corpus for his release and discharge, upon the ground that the ordinance is void and unenforceable. At the hearing in the •court below the writ was disch …
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| Nos. 18,172—(15) |
Minn. |
1913-04-18 |
Affirmed, and the prisoner remanded to the custody of the respondent.
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State ex rel. Salter v. McDonald
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… the custody of the respondent, its superintendent. Upon her petition a writ of habeas corpus was issued from the district court of Hennepin county. Hpon the hearing the writ was discharged, and the relator was remanded to the custody of th …
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| Nos. 18,173—(16) |
Minn. |
1913-04-18 |
Affirmed, and the prisoner remanded to-the custody of the respondent.
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State ex rel. Kent v. McDonald
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… 1 N. W. 110 , and the same-result is reached. The order discharging the writ of habeas corpus is affirmed, and the relator is remanded to the custody of the respondent. …
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| Nos. 18,174—(17) |
Minn. |
1913-04-18 |
Affirmed, and the prisoner remanded to the custody of the respondent.
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State ex rel. Murphy v. McDonald
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… 1 N. W. 110 , and the same result is reached. The order discharging the writ of habeas corpus is affirmed, and the relator is remanded to the custody of the respondent. …
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| Nos. 17,991—(268) |
Minn. |
1912-11-15 |
Affirmed.
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State ex rel. Kelly v. Wolfer
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… the said Kelly was transferred to the state prison. On July 22, 1912, a writ of habeas corpus in his behalf was sued out of the district court of Washington county—the petition therefor alleging that his imprisonment was illegal and without …
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| Nos. 17,720—(251) |
Minn. |
1912-05-03 |
Reversed.
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State ex rel. Robertson v. Steele
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… he order on certiorari that re *385 lator has an adequate remedy in the writ of habeas corpus if the trial court attempts to enforce the order by punishing for contempt. But the propriety of making the order, or the abuse of discretion ther …
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| Nos. 17,613—(19) |
Minn. |
1912-04-26 |
Affirmed.
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State ex rel. Hogan v. Sullivan
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… n order of the district court of the county of Polk discharging the relator, on habeas corpus, from the custody of the appellant as chief of police of the city of East Grand Forks, which is a city organized under Laws 1895, p. 16, c. 8. *33 …
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| Nos. 17,498—(243) |
Minn. |
1912-02-09 |
Reversed and prisoner remanded.
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State ex rel. Bullard v. McDonough
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… where he went to sleep; but his attorney was alert and petitioned for a writ of habeas corpus. Many technical questions are raised by the parties; but we deem it unnecessary to consider them, because irregularities which do not go to the ju …
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| Nos. 17,375—(198) |
Minn. |
1912-01-26 |
Affirmed.
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Daniels v. County of Polk
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… jail as required by law. During their confinement in said jail certain writs of habeas corpus were sued out of and from the United States District Court for the district of Minnesota, commanding plaintiff to produce the prisoners before the …
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| Nos. 17,460—(203) |
Minn. |
1911-11-10 |
Reversed, with directions to discharge the relator.
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Northfoss v. Welch
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… mber 19, 1904, Northfoss has been an inmate of the hospital. This proceeding is habeas corpus. The petition alleged that Northfoss was fully cured and restored to sanity, and was entitled to be discharged. The writ was issued and served on …
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| Nos. 17,220—(10) |
Minn. |
1911-11-03 |
[Reversed, and relator remanded to the custody of the sheriff.
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State ex rel. McDonald v. Riley
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… mmitted to jail pursuant to the sentence. Thereupon, on his petition, a writ of habeas corpus was issued by the district court of the county of Itasca. After a hearing thereon, the court made its order discharging the relator from the custo …
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| Nos. 17,245—(252) |
Minn. |
1911-07-28 |
Affirmed.
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State ex rel. Bacigalupo v. O'Connor
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… to this court upon appeal from an order of the district court denying a writ of habeas corpus. Section 1 of the ordinance reads as follows: “All berries, cherries, dates and figs exposed for sale in any store, shop or building shall be prot …
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| Nos. 16,974—(258) |
Minn. |
1910-11-18 |
Affirmed.
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State ex rel. Jackson v. McDonald
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… hat his conviction was unlawful and without jurisdiction, he sued out a writ of habeas corpus for his release and discharge from custody. The writ was discharged by the court below, and relator appealed. There is no question but that the mu …
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| Nos. 16,737—(241) |
Minn. |
1910-08-05 |
Writ discharged.
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State ex rel. Cary v. Langum
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… t of court, and upon the issuance of a warrant of commitment sued out a writ of habeas corpus for his release and discharge on the ground that the judgment upon which the commitment was issued had expired, and was in any event void, and rel …
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| Nos. 16,732—(236) |
Minn. |
1910-06-10 |
Affirmed.
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State ex rel. Denton v. Curtis
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… n order of the district court of the county of Lincoln, discharging the writ of habeas corpus herein, and remanding him to the custody of the respondent as sheriff of that county. The matter was heard in this court upon the petition for the …
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| Nos. 16,716—(232) |
Minn. |
1910-05-20 |
Affirmed and writ discharged.
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State ex rel. Rinne v. Gerber
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… sion- and return. lie was arrested thereunder, and thereupon sued out a writ of habeas corpus, which, after hearing in the court below, was discharged, and relator remanded to the custody of respondent. Relator appealed. On the receipt of a …
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| Nos. 16,572—(27) |
Minn. |
1910-05-20 |
Reversed and remanded.
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State v. Ledbeter
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… ial for the same offense, or, if convicted, he may be discharged from prison on habeas corpus; and, further, where a •divorce is granted by a judge so disqualified, and if either party remarries, the marriage is void, the children, if any, …
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| Nos. 16,499—(239) |
Minn. |
1910-02-04 |
Reversed.
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Gauthier v. Walter
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… Walters, respondents in the court below, from an order of the district court in habeas corpus proceedings awarding the custody of Archie Gauthier, a minor, to the relator, Hermandos Gauthier. The minor, whose custody is the contention in th …
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| Nos. 16,494—(237) |
Minn. |
1910-01-07 |
Affirmed.
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State ex rel. Dahlgren v. Riley
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… til November 12, and befoie the discharge of the grand jury, sued out a writ of habeas corpus for his release from the second arrest, on the ground that it was unauthorized, illegal, and in violation of his constitutional rights. The writ w …
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| Nos. 16,490—(234) |
Minn. |
1910-01-07 |
Affirmed.
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State ex rel. Stark v. Riley
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… was adjourned until November 12 following, whereupon relator sued out a writ of habeas corpus to secure his discharge from custody, upon the ground that the warrant, and his arrest and detention thereunder, were illegal and in violation of …
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| Nos. 16,495—(233) |
Minn. |
1909-12-17 |
Affirmed.
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State ex rel. Greenwood v. Ramage
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… ict court discharging the relator, after a hearing upon the return to a writ of habeas corpus. We are inclined to think that the definition of a peddler given in the ordinance should be construed so as to include only what is ordinarily und …
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| Nos. 16,270—(30) |
Minn. |
1909-11-26 |
Affirmed.
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State ex rel. Mudeking v. Parr
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… violating the provisions of chapter 248, p. 293, Laws 1909, sued out a writ of habeas corpus, alleging that his imprisonment was unlawful for the reason that the law was unconstitutional. Section 1 defines hawkers and peddlers as follows: …
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| Nos. 16,271—(216) |
Minn. |
1909-07-16 |
Affirmed.
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State ex rel. Slayton v. Whittier
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… mother and duly constituted guardian of the said Genevieve, sued out a writ of habeas corpus in the district court of Goodhue county for her release and discharge from custody. Upon the hearing in that court the writ was discharged, and re …
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| Nos. 16,259—(213) |
Minn. |
1909-07-09 |
Delator discharged.
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State ex rel. Greenwood v. Nolan
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… d void, it is ordered that the order of the court below discharging the writ of habeas corpus herein be and it is hereby reversed, and relator discharged from custody. An opinion stating reasons for the conclusion will be .filed within due …
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| Nos. 16,103—(39) |
Minn. |
1909-05-14 |
Affirmed.
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State ex rel. Abrahamson v. Bates
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… y of the sheriff, for a period not to exceed ninety days. He sued out a writ of habeas corpus, on the ground' that the imprisonment was illegal and void, because the municipal court had no jurisdiction *56 of the trial of the case. On heari …
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| Nos. 16,033—(265) |
Minn. |
1908-11-20 |
Affirmed.
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State ex rel. Bales v. Bailey
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… n the county jail for the term of ninety days. He thereafter sued out a writ of habeas corpus, alleging that his imprisonment was illegal and without authority of law, in that the said municipal court was never legally created or establishe …
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| Nos. 15,792-(240) |
Minn. |
1908-09-18 |
Af-irmed.
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State ex rel. Bahr v. Bates
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… mmitted to the county jail in the custody of the sheriff, le sued out a writ of habeas corpus on. the ground that the imprison-aent was illegal and void, because the municipal court had no juris-iction of the trial of the case. On hearing t …
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| Nos. 15,588—(145) |
Minn. |
1908-04-16 |
Reversed.
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State ex rel. Bray v. Hoolihan
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… R CURIAM. Appeal from an order of the district court of the county of Itasca in habeas corpus proceedings, made by the court commissioner of the *64 county, discharging the relator from the custody of the respondent, as sheriff. The petitio …
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| Nos. 15,381—(157) |
Minn. |
1907-12-20 |
Reversed.
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State ex rel. Hall v. Long
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… irtue of which the sheriff took the defendant into custody. Thereupon a writ of habeas corpus was sued out and the defendant discharged from the custody of the sheriff by a court commissioner. The propositions upon which the appeal to this …
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| Nos. 15,298-(212) |
Minn. |
1907-06-11 |
Affirmed.
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State ex rel. Grande v. Bates
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… order of the district court of the county of St. Louis discharging the writ of habeas corpus issued in this case and remanding the relator to the custody of the respondent as sheriff. The matter was heard in this court upon the petition fo …
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| Nos. 15,298-(210) |
Minn. |
1907-06-07 |
Affirmed.
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State ex rel. Cook v. Bates
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… is. He was then brought before the district court of that county upon a writ of habeas corpus issued on his petition. The district court, after inquiring into the cause of his detention, made its order discharging the writ and remanding him …
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| Nos. 15,153-(149) |
Minn. |
1907-05-31 |
Affirmed.
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Sache v. Wallace
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… on there under sentence of imprisonment not authorized by law was released upon habeas corpus. In the Cuddy case the same court held that the fact that a judgment was excessive and unauthorized might be shown in habeas corpus, though the ex …
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| Nos. 15,065—(197) |
Minn. |
1906-11-02 |
Proceedings dismissed.
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Lauritsen v. Seward
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… ry proceedings under what are usually called 'original remedial writs,’ such as habeas corpus, mandamus, prohibition, quo warranto, and the like, of which the constitutions of most states, for reasons of public policy and convenience, give …
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| Nos. 14,862-(209) |
Minn. |
1906-08-03 |
Relator 'remanded to custody of the district court.
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State ex rel. Holland v. Miesen
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… d: PER CURIAM. The relator was brought before this court by virtue of a writ of habeas corpus. The matter was heard upon the petition and writ and the respondent’s return thereto; it being conceded for the purposes of the hearing that the a …
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| Nos. 14,865—(210) |
Minn. |
1906-07-20 |
Affirmed,.
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State ex rel. Johnson v. Bryant
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… JAGGARD, J. This is an appeal in proceedings upon habeas corpus in accordance with section 4601 and section 4602, R. E. 1905. The difficulties it presents serve to illustrate the unfortunate character of these provisions as. to practice upo …
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| Nos. 14,695-(113) |
Minn. |
1906-06-08 |
Affirmed.
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State ex rel. Ott v. Ott
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… lawful wedlock. The relator is the daughter of the respondents, and instituted habeas corpus proceedings against them in the district court of the county of Blue Earth for the possession of the child. In response to a writ of habeas corpus …
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| Nos. 14,683—(234) |
Minn. |
1906-01-26 |
Affirmed.
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State ex rel. Rosckes v. Dreger
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… ers. After the defendant was imprisoned under the sentence, he caused a writ of habeas corpus to issue out of the district court. After a hearing thereon in the district court the writ was discharged, and the defendant was remanded to the c …
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| Nos. 14,554—(84) |
Minn. |
1905-12-15 |
Affirmed.
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State ex rel. Faughnan v. Miesen
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… icense. Claiming that his imprisonment was unlawful, relator sued out a writ of habeas corpus before the district court of Ramsey county, where, after a hearing, the writ was discharged, and he appealed to this court.' It appears that on Oc …
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| Nos. 14,451—(228) |
Minn. |
1905-11-10 |
Reversed.
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State ex rel. Sheehy v. Bates
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… bail, but upon dismissal thereof was again recommitted to jail. Proceedings in habeas corpus were then commenced in the district court in St. Louis county, and after a hearing the writ was discharged and relator again remanded to jail. Pro …
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| Nos. 14,560—(175) |
Minn. |
1905-10-27 |
Affirmed.
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State ex rel. Patterson v. Bates
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… that the relator was legally convicted in the municipal court,, and the writ of habeas corpus properly discharged, if chapter 346, p.. 626, Taws 1905, is constitutional and effective. This is the only-question presented by the record. It is …
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| Nos. 14,055—(196) |
Minn. |
1905-06-09 |
Reversed.
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State ex rel. Lehman v. Martin
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… upon respondent took forcible possession of her, and relator sued out a writ of habeas corpus to regain custody and control. The court commissioner who issued the writ, after hearing the evidence of the respective parties, awarded the child …
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