State ex rel. Graves v. Haugen
Supreme Court of Minnesota
Upon the petition of W. M. O’Hara the district court for Aitkin county issued its writ of habeas corpus, directing O. G. TIaugen, as sheriff of that county, to have H. A. Graves before the court commissioner of Aitkin county at the time and place mentioned.
Read the full summary
Upon the petition of W. M. O’Hara the district court for Aitkin county issued its writ of habeas corpus, directing O. G. TIaugen, as sheriff of that county, to have H. A. Graves before the court commissioner of Aitkin county at the time and place mentioned. The sheriff objected to the jurisdiction of the court commissioner to hear or determine the matter for the reason that the writ was not attested in the name of the presiding judge of the district court; that the sheriff had no person by the name of H. A. Graves in his custody, nor was there such a proceeding on record in the district court…
1Opinion of the CourtPhilip E. Brown, J.
Relator, after examination, was committed by a justice of the peace in default of bail, to answer to the criminal charge, prescribed by G. S. 1913, § 8699, of knowingly entering into a marriage with a married woman. On petition alleging illegality of his imprisonment in that there was no proof either of the woman’s previous marriage or relator’s knowledge thereof at the time of the marriage charged, the court commissioner of the county ordered issue of a writ of habeas corpus returnable before himself, and after hearing discharged him for insufficiency of the evidence to warrant the…
2Cases cited5 opinions
- In re SnellSupreme Court of Minnesota · 1883
- State v. YoderSupreme Court of Minnesota · 1911
- State ex rel. Delevan v. JustusSupreme Court of Minnesota · 1901
- State v. HaydenSupreme Court of Minnesota · 1886
- Betts v. NewmanSupreme Court of Minnesota · 1903
3Cited by2 opinions
- State v. FlorenceSupreme Court of Minnesota · 1976
- State Ex Rel. Krinkie v. FelixSupreme Court of Minnesota · 1927