In re Milburn
Wisconsin Supreme Court
On the petition of William Milburn a writ of habeas corpus issued out of this court, returnable November 20, 1883. The writ is directed to Robert Scott, sheriff of the county of La Crosse, in the state of Wisconsin.
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On the petition of William Milburn a writ of habeas corpus issued out of this court, returnable November 20, 1883. The writ is directed to Robert Scott, sheriff of the county of La Crosse, in the state of Wisconsin. It appears from the return to the writ, in effect, that the petitioner is restrained of his liberty under and by virtue of a warrant of commitment made May 12, 1883, by Hon. Alfred W. Newman, as judge of the circuit court for Trempealeau county, committing the said petitioner to the common jail of Trem-pealeau county as for a contempt, and also an order made by the said judge…
1Opinion of the CourtCassoday, J.
1. When the prisoner conceives that the return to the writ of habeas corpus issued upon his petition does not set forth truly or fully, and at large, the authority and cause of his imprisonment, as required by sec. 3420, It. S., it becomes necessary for him to deny such of the material facts set forth in the return as he deems untrue, and to allege any fact showing, either that bis imprisonment or detention is unlawful, or that he is entitled to his discharge; and the issue thus formed by such traverse, verified by the oath of the prisoner, may thereupon be heard, tried, and determined in a…
2Cases cited13 opinions
- Miller v. SherrySupreme Court of the United States · 1865
- Edmeston v. LydeNew York Court of Chancery · 1829
- Ex parte GraceSupreme Court of Iowa · 1861
- State ex rel. Warfield v. BechtSupreme Court of Minnesota · 1877
- In re Crandall for a Habeas CorpusWisconsin Supreme Court · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Pauly v. KeeblerWisconsin Supreme Court · 1921
- Wolke v. FlemingWisconsin Supreme Court · 1964
- Meeks v. StateSupreme Court of Arkansas · 1906
- In re RosenbergWisconsin Supreme Court · 1895
26 more not listed; retrieve them via the Exa API.