State ex rel. McMonagle v. Konshak
Supreme Court of Minnesota
Upon the relation of Marshall McMonagle, the district court for Meeker county granted its writ of habeas corpus directed to Mike Konshak as sheriff of that county. On the return day the court, Qvale, J., quashed the writ. From the order quashing the writ, relator appealed.
1Opinion of the CourtHallam, J.
Relator was arrested charged with rape. On a preliminary examination before a justice of the peace he was committed to await the action of the grand jury. He procured a writ of habeas corpus to test the validity of his detention. Before the return day of the writ he furnished bail and was released from custody, and the trial court quashed the writ on the ground that inasmuch as the relator was at liberty there was no relief which he could obtain by means of a writ of habeas corpus. Thereupon one of relator’s bondsmen surrendered relator to the custody of the magistrate and he then procured…
2Cases cited7 opinions
- Matter of FordCalifornia Supreme Court · 1911
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1898
- In Re GowCalifornia Supreme Court · 1903
- Ex Parte SchmitzCalifornia Supreme Court · 1907
- In Re. Dykes and BakerSupreme Court of Oklahoma · 1903
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3Cited by3 opinions
- Hendershott v. YoungCourt of Appeals of Maryland · 1956
- State v. ClarkSupreme Court of Minnesota · 1965
- Ex parte RublySupreme Court of Arkansas · 1953