State ex rel. Geller v. Rice
Supreme Court of Minnesota
Upon the relation of Ed. Geller the district court for Roseau county granted its writ of habeas corpus directed to respondent as sheriff of that county. The matter was heard by the court commissioner, who sustained the writ and discharged the prisoner. From the order sustaining the writ and discharging the prisoner, respondent sheriff appealed. Affirmed.
1Opinion of the CourtHolt, J.
On habeas corpus relator was discharged from the custody of appellant, the sheriff, who held him under a commitment issued by -a justice of the peace. The sheriff appeals.
In response to the writ the sheriff made a return, setting out not only the commitment, under which relator was held, but also the complaint upon which he had been tried and the docket entries by the justice showing the conviction and sentence or judgment pronounced. Relator maintains that the return shows that his detention was unlawful *360for two reasons: (1) The justice had no jurisdiction to proceed with the trial, because…
2Cases cited10 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- State v. PetersonSupreme Court of Minnesota · 1888
- State v. BaxterSupreme Court of Kansas · 1889
- State v. WoodlingSupreme Court of Minnesota · 1893
- Ex Parte RollerCourt of Criminal Appeals of Oklahoma · 1910
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3Cited by5 opinions
- In Re GarrityCalifornia Court of Appeal · 1929
- State v. GravesSupreme Court of Minnesota · 1925
- In Re PerryNorth Dakota Supreme Court · 1941
- State ex rel. Perry v. GarechtNorth Dakota Supreme Court · 1941
- State Ex Rel. Plaster v. MaherSupreme Court of Minnesota · 1925