Redfield v. Davis
South Dakota Supreme Court
Preceding in 'habeas corpus 'by Guy C. Redfield, as warden of the state penitentiary, against James R. -Davis.- Application for modification of judgment of Supreme Court, re costs to respondent. Respondent cited, to point that costs are allowable in habeas corpus proceedings: 21 Cyc. 384, and cases there cited; Sec. 2611, Rev. Code 1919.
1Opinion of the CourtW'HITINlG, J.
This court filed an opinion herein, wherein it sustained the trial court 'which had', in habeas corpus proceedings, granted respondent his liberty. See Redfield v. Davis, 174 N. W. 741. In the judgment entered by this court, costs were not allowed in respondent’s favor. Pie "now seeks to have such judgment modified, so that it will allow him costs.
[1, 2] If we 'had power so to do, costs would be taxed in respondent’s favor. He had to go into court to free himself from unlawful "imprisonment. He was then forced to appear in this court and resist appellant’s efforts to get the judgment of the…
2Cases cited2 opinions
- In re HammillSouth Dakota Supreme Court · 1896
- Ex parte Davis v. DavisSouth Dakota Supreme Court · 1919
3Cited by4 opinions
- Cole v. ColeIdaho Supreme Court · 1948
- Braun v. Hassenstein Steel Co.District Court, D. South Dakota · 1959
- Gage v. DunningSouth Dakota Supreme Court · 1923
- Buckingham Trans. v. B.H. Trans.South Dakota Supreme Court · 1939