In re McCain
South Dakota Supreme Court
Application oj£ Anson J. McCain for discharge upon writ of habeas corpus. "The petitioner was in custody of the sheriff, under a commitment for contempt. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
The petitioner, a member of the board of county commissioners in Pennington county, alleges that he is illegally deprived of his liberty by the sheriff of that county, and askes that he be discharged by an order of this court. From the sheriff's return it appears that he is held in custody under and by virtue of a commitment for contempt issued by the circuit court for an alleged violation of its peremptory writ *58of mandamus. The only question we have to consider is whether the court was authorized to issue such writ. If it was ■ — if the court had jurisdiction to make the mandate in question…
2Cases cited2 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte RowlandSupreme Court of the United States · 1882
3Cited by7 opinions
- In Re PeartCalifornia Court of Appeal · 1935
- Tri-State Milling Company v. Board of County Commissioners for Pennington CountySouth Dakota Supreme Court · 1955
- State v. McGaheyNorth Dakota Supreme Court · 1904
- Trapp v. City of NewportCourt of Appeals of Kentucky · 1903
- Chambers v. OehlerSupreme Court of Iowa · 1899
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