In re Rosenberg
Wisconsin Supreme Court
Application for a writ of habeas corpus. On petition of Ben Rosenberg, an order was issued out of this court, directed to the sheriff of Jackson county, returnable on the 30th day of April, 1895, directing the said sheriff to show cause why a writ of habeas corpus should not issue to inquire into the legality of the custody wherein he held the petitioner.
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Application for a writ of habeas corpus. On petition of Ben Rosenberg, an order was issued out of this court, directed to the sheriff of Jackson county, returnable on the 30th day of April, 1895, directing the said sheriff to show cause why a writ of habeas corpus should not issue to inquire into the legality of the custody wherein he held the petitioner. On the hearing of the motion it appeared, in effect, that the petitioner Aras held in custody by such sheriff, in the county jail of Jackson county, by virtue of an order of commitment made February 1, 1895, by the circuit court for Jackson…
1Opinion of the CourtNewman, J.
On habeas corpus, only jurisdictional questions are inquired into. In re Milburn, 59 Wis. 24; State ex rel. Welch v. Sloan, 65 Wis. 647; In re Graham, 74 Wis. 450; In re Graham, 76 Wis. 366; In re Frederich, 149 U. S. 70. There is no question that the court had jurisdiction of the cause of action and of the parties. If, then, it had power to make the order of commitment in any supposable circumstances which might arise in the progress of the cause, then the order is valid until reversed, however erroneous it may be in the particular circumstance. Cases cited above; Tallman v. McCarty, 11 Wis.…
2Cases cited13 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
- In Re FrederichSupreme Court of the United States · 1893
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- In re GrahamWisconsin Supreme Court · 1889
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3Cited by32 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Ex parte CraigCourt of Appeals for the Second Circuit · 1922
- John F. Jelke Co. v. BeckWisconsin Supreme Court · 1932
- In Re SlatteryMichigan Supreme Court · 1945
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