Legal Opinion
State Ex Rel. Cook v. Howard, Warden
Indiana Supreme Court
Decided December 13, 1945No. 28,134PublishedCited by 22 opinions
1Opinion of the CourtGilkison, J.
Appellant filed his verified complaint for habeas corpus in two paragraphs in the court below on April 6th, 1945. After examining the petition, the court denied it, from which action the appeal is taken.
The errors assigned are (1) that the court erred in. denying paragraph one of the complaint and (2) the court erred in denying paragraph two of the complaint.
When an action for habeas corpus is filed, the judge shall proceed, in a summary way, to hear and determine the cause. § 3-1917, Burns’ 1933. While the writ of habeas corpus is a “writ of liberty,” yet when it appears that the detention…
2Cases cited8 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Cochran v. KansasSupreme Court of the United States · 1942
- State Ex Rel. Kunkel v. Laporte Circuit CourtIndiana Supreme Court · 1936
- Willis v. BaylesIndiana Supreme Court · 1886
- State, Ex Rel. Eggers v. BranamanIndiana Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dowd v. United States Ex Rel. CookSupreme Court of the United States · 1951
- Lugar v. State Ex Rel. LeeIndiana Supreme Court · 1978
- Joseph, Pierce v. StateIndiana Supreme Court · 1957
- Cook v. StateIndiana Supreme Court · 1953
- United States v. WashingtonUnited States Court of Military Appeals · 1955
17 more not listed; retrieve them via the Exa API.