In re White
Supreme Court of Minnesota
Habeas corpus. The ordinance mentioned in the opinion is as follows: “Sec. 1. Every person who shall sell or offer for sale any goods, wares, or merchandise, books, machinery, or other articles of value, or to barter or to exchange the same, at any place upon, along, or through the streets, avenues, alleys, or other public places of the said village of Pipestone, goes from house to house therein offering for sale any of said before described articles, shall be deemed a…
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Habeas corpus. The ordinance mentioned in the opinion is as follows: “Sec. 1. Every person who shall sell or offer for sale any goods, wares, or merchandise, books, machinery, or other articles of value, or to barter or to exchange the same, at any place upon, along, or through the streets, avenues, alleys, or other public places of the said village of Pipestone, goes from house to house therein offering for sale any of said before described articles, shall be deemed a hawker or peddler; and it shall be unlawful for any such person or persons to exercise their said calling of hawking or…
1Opinion of the CourtMitchell, J.
The relator, having been convicted of a violation of an ordinance of the village of Pipestone “to license hawkers, peddlers, and auctioneers,” and having been committed under such conviction to the custody of the respondent, sues out a writ of habeas corpus, claiming that his imprisonment is illegal because the ordinance in question is void. If the law or ordinance under which a court assumes to try and convict is void, its judgment is not “a final judgment * * * of a competent tribunal,” within the meaning of Gen. St. 1878, c. 80, § 22, and a person imprisoned under such judgment may be…
2Cases cited3 opinions
- In re WilsonSupreme Court of Minnesota · 1884
- City of Mankato v. FowlerSupreme Court of Minnesota · 1884
- Hoag v. MendenhallSupreme Court of Minnesota · 1872
3Cited by15 opinions
- Sache v. WallaceSupreme Court of Minnesota · 1907
- In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
- City of Duluth v. KruppSupreme Court of Minnesota · 1891
- Willis v. Standard Oil Co.Supreme Court of Minnesota · 1892
- State v. MandehrSupreme Court of Minnesota · 1926
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