State ex rel. Lembke v. Bechdel
Supreme Court of Minnesota
Proceedings by habeas corpus, begun in this court, to obtain the custody of an infant child. The return to the writ, among other matters, sets out proceedings by habeas corpus instituted in the district court for Scott county, by the relator Emma C. Lembke, in which were involved and determined the questions sought to be raised here. The answer to the return admits the proceedings in the district court for Scott county.
1Opinion of the Court
Mitchell, J.1
In Re Snell, 31 Minn. 110, (16 N. W. Rep. 692,) this court held that a decision, under one writ of habeas corpus, refusing to discharge a prisoner, is not a bar to the issuing of another writ, based upon the same state of facts, nor to a hearing and discharge thereon. While there is room for a difference of opinion, and, in fact, a conflict of decisions, upon this question, yet, in view of the origin, history, and purposes of this writ as a “writ of liberty,” we adopted this rule in this class of cases, in which the liberty of the citizen is the question directly involved. But…
2Cases cited3 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- In re SnellSupreme Court of Minnesota · 1883
3Cited by23 opinions
- Cormack v. MarshallIllinois Supreme Court · 1904
- Wear v. WearSupreme Court of Kansas · 1930
- In Re Richard M.California Supreme Court · 1975
- State Ex Rel. Dufault v. UtechtSupreme Court of Minnesota · 1945
- Dawson v. DawsonWest Virginia Supreme Court · 1905
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