State v. Noonan
Supreme Court of Minnesota
Certiora/ri, granted on the petition of Kate Noonan, and directed to the judges of the district court for Hennepin county, commanding them to certify to this court all the record in any way or manner appertaining to the proceedings had before them at the general (1877) May term of the said district court, upon an indictment found by the grand jury against the said Kate Noonan, for the crime of murder, wherein and whereby the said Kate Noonan was tried upon the said…
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Certiora/ri, granted on the petition of Kate Noonan, and directed to the judges of the district court for Hennepin county, commanding them to certify to this court all the record in any way or manner appertaining to the proceedings had before them at the general (1877) May term of the said district court, upon an indictment found by the grand jury against the said Kate Noonan, for the crime of murder, wherein and whereby the said Kate Noonan was tried upon the said indictment; and ordered to further certify whether the said Kate Noonan was personally present in court at the time the said jury…
1Opinion of the CourtCornell, J.
The writ herein was granted upon the ex parte application of the petitioner. It was not obtained as ancillary or auxiliary to any other process. Its purpose, as stated in the petition, was to secure “a speedy trial or such other relief as might be lawful.” . In respect to the specific relief sought, if any just cause therefor exists, the remedy is not by the common law writ of certiorari, but by a writ of procedendo or mandamus. 1 Bouvier, (“Certiorari,”) 251.
Under the prayer for general or other relief the right is claimed of removing from the district court the record and proceedings in…
2Cases cited5 opinions
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Wardsworth v. SibleyWisconsin Supreme Court · 1875
- Minnesota Central Railway Co. v. McNamaraSupreme Court of Minnesota · 1868
- State v. WestonSupreme Court of Minnesota · 1877
- Chittenden v. StateWisconsin Supreme Court · 1876
3Cited by3 opinions
- Aylmer v. New Hampshire Savings BankSupreme Court of Minnesota · 1935
- Helton v. StateTennessee Supreme Court · 1952
- State ex rel. Lawton v. District Court of Ramsey CountySupreme Court of Minnesota · 1890