Sedlacek v. Hann

The district court sustained the motion of appellee made before return day of the writ of habeas corpus to quash it on the ground that the petition for the writ did not state facts sufficient to justify its allowance. The writ was dissolved. This appeal is from that adjudication.

The sufficiency of the petition of the relator to support a writ of habeas corpus allowed by virtue thereof may be tested before making return thereto by a motion to quash. It is the right and duty of the court to set aside the writ, if the facts well pleaded therein when accepted as true are insufficient to entitle…