Legal Opinion

Richards v. Matteson

South Dakota Supreme Court

Decided December 16, 1895PublishedCited by 5 opinions

Appeal from circuit court, Meade county. Hon. A. J, Plowman, Judge. Petition for a writ of habeas corpus. From an order granting the prayer of petitioner, defendants appeal. The facts are stated in the opinion. Judgments upon habeas corpus cannot be attacked, however erroneous they may be, on appeal or writ of error, where jurisdiction- of the person and subject matter has been acquired. Williamson’s Code, 26 Pa. St. 9; 67 Am.

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Appeal from circuit court, Meade county. Hon. A. J, Plowman, Judge. Petition for a writ of habeas corpus. From an order granting the prayer of petitioner, defendants appeal. The facts are stated in the opinion. Judgments upon habeas corpus cannot be attacked, however erroneous they may be, on appeal or writ of error, where jurisdiction- of the person and subject matter has been acquired. Williamson’s Code, 26 Pa. St. 9; 67 Am. Dec. 374. Habeas corpus proceedings cannot be converted into a writ of error. Platt v. Harrison, 6 la. 79; Ex-parte Holman, 28 la. 88; Ex-parte Watkins, 3 Pet. 193;…

1Opinion of the CourtFuller, J.

In the circuit court a writ of habeas corpus was awarded upon the petition of Elizabeth Richards, alleging that Bessie Richards, the illegitimate infant daughter of the relator, was unlawfully detained and restrained of her liberty by Lafayette Matteson and Sophia E. Matteson, by virtue of the following order of the county court: “State of South Dakota, County of Meade — ss.: County Court in and for said County. In the matter of the petition of Lafayette Matteson and Sophia E. Matteson, for an order declaring Bessie Richards, daughter of Elizabeth Richards (unmarried), to be their adopted…

2Cited by5 opinions

  1. State ex rel. Anderson v. JamesonSouth Dakota Supreme Court · 1927
  2. Scaman v. GalliganSouth Dakota Supreme Court · 1896
  3. Green v. SabinSouth Dakota Supreme Court · 1900
  4. State Ex Rel. Smith v. LeeNorth Dakota Supreme Court · 1925
  5. Taylor v. BushnellOhio Court of Appeals · 1919

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