State Ex Rel. Miller v. Cavett

This is an appeal in a habeas corpus proceeding from an order of the district court for Johnson County dismissing the appeal of Arvid J. Olson, sheriff of said county, from the judgment of the county court discharging the appellee from the sheriff’s custody.

The motion to dismiss was based on three primary reasons: First, that the purported appeal bond was fatally defective; second, that the purported bond was not given by a party against whom the judgment was entered in the county court; and third, that the respondent sheriff failed to plead in the district court within the time prescribed by…