Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 875 opinions matched; showing 801–850.

Filtering by: “habeas corpus” Full archive · 1930–present Limit to last 10 years Clear ×
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Nos. 14,039—(145) Minn. 1905-02-10 Affirmed. State ex rel. Urbach v. Justus
… from the state boiler inspector authorizing him to do so. He sued out a writ of habeas corpus before the district court of Ramsey county, where he was discharged, and from the order discharging him defendant appealed. The only question pres …
Nos. 14,250—(228) Minn. 1905-01-27 Affirmed. State ex rel. Schumacher v. Hausewedell
… der of the district court of the county of Wabasha refusing to discharge him on habeas corpus from the custody of the 'defendant, as sheriff. The short facts are these: The relator was duly charged with the paternity of a bastard child on t …
Nos. 14,055—(151) Minn. 1904-11-11 Motion to dismiss appeal denied. State ex rel. Lehman v. Martin
… BROWN, J Relator' sued out a writ of habeas corpus before the court commissioner of Lyon county to secure the possession and custody of a child. The writ was returnable before and was heard by that officer, who made findings of fact and ord …
Nos. 13,785 — (218) Minn. 1904-02-05 Writ discharged, State ex rel. Hoffman v. Justus
… LOVELY, J. Habeas corpus proceedings to determine the legality of petitioner’s imprisonment upon a complaint under chapter 362, p. 652, Raws 1903, which prohibits the sale of articles of merchandise on any portion of the Sabbath day. Under …
Nos. 13,7(56 — (215) Minn. 1904-01-08 Affirmed. State ex rel. Olson v. Leindecker
… mmitment in possession, Leindecker took Olson into custody, whereupon a writ of habeas corpus was sued out, made returnable before the court commissioner for the county, and a hearing resulted in' the discharge of Olson. Thereupon this appe …
Nos. 13,630 — (64) Minn. 1903-11-27 Reversed, and remanded with instructions. Betts v. Newman
… ge, however, is no more exclusive than the provision of the statute relating to habeas corpus, which requires the application for the writ to be made to the supreme *8 or district court or any judge thereof within the county where the priso …
Nos. 13,773—(213) Minn. 1903-11-13 Reversed, and prisoner ordered discharged. State ex rel. Chapel v. Justus
… aving been brought on before the district court in Ramsey county upon a writ of habeas corpus, the writ was vacated, and relator appealed. Section 1, c. 356, p. 575, Laws 1901, reads as follows: “That it shall not bn lawful for any person, …
Nos. 13,141—(33) Minn. 1903-05-08 Affirmed. State ex rel. Anderson v. Anderson
… , and, not securing possession of them, commenced proceedings in Todd county by habeas corpus to get control of them. The court commissioner having refused to order the children returned to relator, and having directed that they remain in t …
Nos. 13,336-(177) Minn. 1903-01-23 Affirmed. Armstrong v. Board of Control of State Public School
… ourt commissioner of Steele county, where the school in question is located, on habeas corpus, released and discharged her from the control of the school on the ground that the commitment was irregular and unauthorized. An appeal was taken …
Nos. 13,360-(274) Minn. 1902-12-05 Affirmed. State ex rel. Krebs v. Jones
… Appeal from an order of remand by the district judge of the seventh district in habeas corpus proceedings. Relator was convicted of giving a drink of whisky to one Mike Fiedler while soliciting orders in Otter Tail county for the California …
Nos. 12,917-(187) Minn. 1902-05-29 New Order. State ex rel. Raymond v. Lawrence
… COLLINS, J. Habeas corpus proceedings to contest the right to the care and custody of Mrs. Catherine Bobinson; the relator, Cornelia Kaymond, being her daughter, — a woman about fifty years of age. The respondents Lawrence and Huntington we …
Nos. 12,890-(210) Minn. 1901-12-20 Relator discharged from custody of respondent. State ex rel. Delevan v. Justus
… the grand jury of that county in the premises. Thereupon he sued out a writ of habeas corpus, and by virtue thereof he was brought before this court. The return of the respondent was that he detained the relator by virtue of such commitmen …
Nos. 12,879—(207) Minn. 1901-10-29 Affirmed. State ex rel. Arnold v. Justus
… ion proceedings. After arrest upon the warrant, the prisoner obtained a writ of habeas corpus from Judge Bunn, of the district court for Ramsey county, who, after hearing, upon the return thereof, quashed the writ and remanded the prisoner …
Nos. 12,626 — (53) Minn. 1901-05-17 Reversed. State ex rel. Berry v. Merrill
… LOVELY, J. Appeal in habeas corpus proceedings instituted before the court commissioner of Steele county, who ordered the discharge of Adelphine Berry, an inmate of the state public school at Owatonna, detained there by its superintendent, …
Nos. 11,981-(224) Minn. 1900-01-26 Writ quashed. State ex rel. Zaske v. District Court
… t the relator could not review the order of the district court complained of on habeas corpus. Thereupon he sued out the writ of certiorari in this case. On the return of the writ the respondent moved to quash it, for the reason that the or …
Nos. 11,961—(220) Minn. 1899-12-15 Writ discharged. State ex rel. Zaske v. Matter
… d to comply with the terms and conditions of this order, but sued out a writ of habeas corpus. *379 Upon the hearing on the writ he was remanded to the custody of the sheriff, whereupon he appealed to this court, where the appeal has been s …
Nos. 11,955—(218) Minn. 1899-11-27 Remanded State ex rel. Scott v. Lowell
… ughter away, against her will and wishes, and detained her. Thereupon a writ of habeas corpus in her behalf was sued out of the district court for the county of Hennepin, on the relation of her husband. Upon a hearing on the return of the w …
Nos. 11,811—(107) Minn. 1899-11-27 Affirmed. State ex rel. McDonough v. O'Malley
… e respondent Bartholomew O'Malley. Upon the relation of their father, a writ of habeas corpus was issued by the district court of the county of Ramsey, and the children brought before the court; and such proceedings were had therein on the …
Nos. 11,734—(14) Minn. 1899-10-26 Writ discharged. State ex rel. Beek v. Wagener
… COLLINS, J. 2 Habeas corpus proceedings originally instituted in Eamsey county, and coming here on appeal; the purpose being to test the constitutionality of Laws 1899, c. 225. The court below sustained the act, and remanded the prisoner, B …
Nos. 11,251—(105) Minn. 1898-12-16 Affirmed. State ex rel. Madigan v. Wagener
… ed by the regimental court-martial. At the time of the allowance of the writ of habeas corpus, and in aid thereof, a writ of certiorari was issued to the proper officer of the court-martial, who, in obedience to the writ, produced a full re …
Nos. 11,277—(184) Minn. 1898-11-15 Affirmed. State ex rel. Beslow v. Sargent
… ith said order, petitioned the district court of St. Louis county for a writ of habeas corpus, which was granted, and the sheriff of said county directed to produce the body of said Beslow, which was accordingly done; and, after due return …
Nos. 11,238-(260) Minn. 1898-06-29 Affirmed. State ex rel. Sherin v. Goss
… l from an order of the district court quashing relator’s petition for a writ of habeas corpus, discharging the writ issued thereon, and remanding him to the custody of the respondent. The only allegations of the petition as to the cause or …
Nos. 11,232-(258) Minn. 1898-06-21 Affirmed. State ex rel. Schulman v. Phillips
… *78 into custody. Thereupon his father sued out of the district court a writ of habeas corpus on his behalf. After hearing the matter, the district court made its order discharging the writ, and remanding the defendant to the custody of the …
Nos. 11,219-(256) Minn. 1898-06-09 Affirmed. State ex rel. Minces v. Sohoenig
… eeds of their sales,” sued out of the district court of Winona county a writ of habeas corpus. Upon the hearing the court remanded the petitioner to the custody of the officer holding the warrant, and he thereupon appealed to this court. Th …
Nos. 10,966-(294) Minn. 1898-01-03 Reversed. State ex rel. Thurston v. Sargent
… action of the grand jury. Thereupon he sued out of the district court a writ of habeas corpus, and, the evidence taken on the preliminary examination having been returned to that court, the matter came on for hearing on such evidence, and o …
Nos. 10,814—(26) Minn. 1897-10-21 Reversed. State ex rel. Lacy v. Norby
… county. The relator was brought before the court commissioner of the county on habeas corpus issued on his petition. He attached to, and made a part of, his petition copies of the complaint, warrant, judgment, and commitment against him, w …
Nos. 10,676—(246) Minn. 1897-07-09 Affirmed. State ex rel. Moriarity v. McMahon
… ed that his confinement was illegal, petitioned for, and was granted, a writ of habeas corpus to test the legality of his imprisonment. The grounds upon which relator’s counsel claims that his imprisonment is illegal may be divided into two …
Nos. 10,674—(244) Minn. 1897-07-08 Belator discharged. State ex rel. Luria v. Wagener
… elator was sentenced to imprisonment on such conviction, and sued out a writ of habeas corpus, claiming that this act is unconstitutional and void, for two reasons: (1) It contravenes sections 33 and 34 of article 4 of the constitution, pro …
Nos. 10,649—(239) Minn. 1897-06-23 Affirmed. State ex rel. Nisbett v. Toole
… . Under the warrant the sheriff of Itasca county arrested the relator, but upon habeas corpus he was, by the court commissioner of that county, subsequently ordered discharged from custody. From that order the sheriff appealed to this court …
Nos. 10,554—(124) Minn. 1897-06-11 Reversed., Steenerson v. Board of County Commissioners
… executing any warrant of arrest, subpoena, or venire, bringing up a prisoner on habeas corpus, taking prisoners before a magistrate or to prison, or for mileage in any criminal case or proceeding; provided, that in serving a subpoena or ven …
Nos. 10,659—(242) Minn. 1897-06-08 Writ dismissed. State ex rel. Hull v. Wolfer
… . Relator is confined in the state prison at Stillwater, and sued out a writ of habeas corpus under the claim that he is wrongfully deprived of his liberty. He is charged in the indictment with the crime of assault in the third degree. In t …
Nos. 10,394—(16) Minn. 1897-05-24 Reversed. State ex rel. Kelly v. Kilbourne
… s confined in the hospital for the insane at Rochestei in this state. A writ of habeas corpus was issued out of the court below to inquire into the cause of his detention, and on the return of the respondent, the superintendent of the hospi …
Nos. 10,441-(298) Minn. 1896-11-20 Affirmed. State ex rel. Smith v. Goss
… This is an appeal by the relator under the provisions of Laws 1895, c. 327, in habeas corpus proceedings instituted by him, he having been arrested and held under a warrant issued by the *292 governor for his return to the state of Illinoi …
Nos. 10,183-(328) Minn. 1896-07-08 Reversed. State ex rel. Graham v. McMahon
… the provisions of Laws 1895, c. 327, from an order discharging the relator in a habeas corpus proceeding, we are required to pass upon the constitutionality of an act of the legislature (Laws 1889, c. 253) generally known as the “Boiler Ins …
Nos. 9986-(207) Minn. 1896-04-30 Affirmed. Adamek v. Plano Manufacturing Co.
… e supreme court of North Dakota ordered a return to be made, and a hearing in a habeas corpus case to be had on October 21, 1895, which would occupy two or three days, in which case Spooner was the petitioner’s attorney, and could not have …
Nos. 9950-(162) Minn. 1896-04-23 Affirmed. Hoskins v. Baxter
… 1, which is in these words: "If any officer herein authorized to grant writs of habeas corpus wilfully refuses to grant such writ when legally applied for, he shall forfeit, for every such offence, to the party aggrieved, one thousand dolla …
Nos. 9888-(357) Minn. 1896-02-06 Affirmed. State ex rel. Corcoran v. Chapel
… n order of the district court denying the petition of the relator, on a writ of habeas corpus, for his *131 discharge from the custody of the respondent, as sheriff of Eamsey county. The relator is held under a commitment issued upon a conv …
Nos. 9869-(355) Minn. 1896-01-27 Reversed. State ex rel. Keith v. Chapel
… amsey county denying bis petition to be released from such custody on a writ of habeas corpus. Tbe validity of the statute under which tbe relator was convicted is tbe only question for our decision. Tbe original of tbe statute is Laws 1893 …
Nos. 9593-(117) Minn. 1895-12-13 Affirmed. State ex rel. Flint v. Flint
… ent are husband and wife, but have separated, and the former sued out a writ of habeas corpus to obtain the custody of their minor child. The parents were married in 1889, but their married life has been anything but a happy one. Disagreeme …
Nos. 9597-(343) Minn. 1895-07-10 Reversed. State ex rel. Spangenberg v. McMahon
… e unless he should pay the fine imposed. He was discharged from such custody on habeas corpus by the order of the district court of the county of Ramsey on the ground that the ordinance was void, and from such order the appellant prosecutes …
Nos. 9593—(342) Minn. 1895-07-02 Trial de novo denied. State ex rel. Flint v. Flint
… years, in the custody of its mother, the respondent. Eelator sued out a writ of habeas corpus directed to respondent for the purpose of getting the custody of the child. A trial was thereupon had, and thereafter, on February 16, 1895, the c …
Nos. 8321; 8322 Minn. 1893-12-21 Granted Rhodes v. Walsh
… ld, friend, or a stranger, for some fancied or imaginary cause, and the writ of habeas corpus could not be served upon him, by reason of this legislative privilege, *554 wbat would become of our constitutional guaranty “that the writ of hab …
No. 8373 Minn. 1893-12-13 Affirmed State ex rel. Blaisdell v. Billings
… VandeRBURGH, J. A writ of habeas corpus was issued by the court commissioner of Otter Tail county to the sheriff of that county, commanding that officer to bring before him one Maria J. Blais-dell, represented to be in his custody, in order …
cl-8013045 Minn. 1893-06-30 Granted State ex rel. Rea v. Kinmore
… Collins, J. This is a habeas corpus proceeding, brought before us on appeal by respondent from a judgment entered in District *139 Court awarding the custody of the child in question to the relator, its father. From the return made to the w …
cl-8012919 Minn. 1893-04-27 Granted State ex rel. O'Connor v. Wolfer
… on who has been thus returned to prison in an illegal manner sues out a writ of habeas corpus before a court of competent original criminal jurisdiction, such court may not, on the return to the writ, hear and determine the question whether …
cl-8012773 Minn. 1892-12-06 Remanded State ex rel. Brown v. Fitzgerald
… Gtlfillan, C. J. This is a habeas corpus issued to respondent, keeper of the workhouse, St. Paul, requiring him to bring the relat- or before us, with the cause of his detention. The cause returned is a commitment upon a conviction before t …
cl-8012613 Minn. 1892-07-07 Affirmed Gifford v. Wiggins
… thereupon committed to jail, and there imprisoned until discharged on a writ of habeas corpus, on the ground that the ordinance in question was unconstitutional and void. There is no allegation that the complaint was made maliciously and wi …
cl-8012602 Minn. 1892-07-01 Granted State ex rel. Olson v. Brown
… Collins, J. Appeal from an order dismissing a habeas corpus proceeding wherein the writ was directed to the superintendent of the state reform school, commanding that he produce one Oscar E. Olson, a minor son of the relator, said to be unl …
cl-8012373 Minn. 1892-01-19 State ex rel. McCue v. Sheriff of Ramsey County
… es, a nuisance, and prescribing a penalty. He is brought before this court upon habeas corpus, and asks to be discharged on the ground of the invalidity of the act in question. One of the chief objections urged against its constitutionality …
cl-8012314 Minn. 1891-12-17 Denied In re Doll
… Gileillan, C. J. This is an application for a writ of habeas corpus requiring the managers and superintendent of the state reformatory at St. Cloud, Stearns county, in this state, to produce before this court Joseph Doll, who, upon an indic …