Ex Parte Fernbaugh v. Clark

ON Motion for Rehearing.

BOYER, C.

— The respondent herein has filed a motion for rehearing. Motions for rehearing in this court, as applied to cases wherein the statutory right of appeal has been given, serves two purposes. By the motion we are informed of matters, of claimed error and contention of conflict with opinions of the Supreme Court. This to the end of uniformity of law. If the motion be overruled, it becomes the basis of application for certiorari in the Supreme Court. The matter of Habeas Corpus Ad Subjiciendum, herein involved, is a writ of right which the sovereign people have…