Legal Opinion · Dissent

Finkenbiner v. Dowd

Indiana Supreme Court

Decided October 23, 1952No. 28,809PublishedCited by 1 opinion

1Dissent

DISSENTING OPINION

Gilkison, J.

I am unable to agree with the opinion that: “The law is well settled iñ Indiana that one Cir*429cuit Court has no jurisdiction to issue a writ of habeas corpus setting aside an order of commitment issued by another such court which had jurisdiction of the subject matter and the person, and the power to render the particular judgment.” I am unable to agree with the further statement that: “While a writ of habeas corpus is a writ of liberty, if it appears that the detention complained of is by virtue of a proper process of court, the writ will not be granted unless the…

2Cases cited14 opinions

  1. Greencastle Township v. BlackIndiana Supreme Court · 1854
  2. Witte v. Dowd, WardenIndiana Supreme Court · 1951
  3. Todd v. StateIndiana Supreme Court · 1951
  4. Slack v. GrigsbyIndiana Supreme Court · 1951
  5. State Ex Rel. McManamon v. Blackford Circuit CourtIndiana Supreme Court · 1950

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Finkenbiner v. DowdIndiana Supreme Court · 1952

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