State ex rel. Bales v. Bailey
Supreme Court of Minnesota
Relator having been convicted of petit larceny in the municipal court of Bemidji obtained from the district court for Beltrami county a writ of habeas corpus directed to the sheriff of that county. Return having been made, the writ was discharged, Stanton, j. From the order discharging the writ, relator appealed.
1Opinion of the CourtBrown, J.
Relator was convicted in the municipal court of Bemidji of petit larceny, and sentenced to imprisonment in the county jail for the term of ninety days. He thereafter sued out a writ of habeas corpus, alleging that his imprisonment was illegal and without authority of law, in that the said municipal court was never legally created or established. The writ was discharged by the court below, and relator appealed.
We are confronted at the outset with the question whether the legal existence of the court in which relator was convicted and sen-*139fenced may be inquired into in a proceeding of this…
2Cases cited43 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- People v. MaynardMichigan Supreme Court · 1867
- Brown v. O'ConnellSupreme Court of Connecticut · 1870
- Stuart v. School District No. 1Michigan Supreme Court · 1874
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3Cited by28 opinions
- State Ex Rel. Dufault v. UtechtSupreme Court of Minnesota · 1945
- State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
- ANDERSON Ex Rel POE v. GLADDENOregon Supreme Court · 1955
- Felker v. CaldwellIndiana Supreme Court · 1919
- State Ex Rel. Holm v. TahashSupreme Court of Minnesota · 1965
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