Struble v. Hicks

Upon a fabricated record, we are called upon to annul an order of the district court releasing defendant in error from the custody of a sheriff in a pretended habeas corpus proceeding. As gathered from the record before us, there was no hearing in compliance with the procedure required in habeas corpus matters, and in fact no writ issued; however, the prisoner was released. If we were not confronted by the apparent fact that the protection of the objecting party’s interests vanished by this mockery of habeas corpus, we might yield to a strong temptation to dismiss the writ of error for…