State v. Collins
Supreme Court of Iowa
Appeal from Lee Circuit Court. The question in the case arises upon the taxation of costs. J. P. Stevenson as the. guardian, and Jemima Forsythe as the mother, of Julia Forsythe, a minor, presented a petition to the Hon. J. B. Drayer, Circuit Judge for Lee county, for the issuance of a writ of habeas corpus in behalf of the said Julia Forsythe, upon the alleged ground that she was illegally restrained by the defendants of her liberty. The writ was granted and served.
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Appeal from Lee Circuit Court. The question in the case arises upon the taxation of costs. J. P. Stevenson as the. guardian, and Jemima Forsythe as the mother, of Julia Forsythe, a minor, presented a petition to the Hon. J. B. Drayer, Circuit Judge for Lee county, for the issuance of a writ of habeas corpus in behalf of the said Julia Forsythe, upon the alleged ground that she was illegally restrained by the defendants of her liberty. The writ was granted and served. The child was produced by the defendants, and a hearing had, and it was' adjudged that the child was not illegally restrained…
1Opinion of the Court
Adams, Cix. J.
i costs- eouneorpus'proceedmgs. The costs being less than $100, a certificate of appeal was given which is in these words: “ Whether a Proceeding of habeas corpus for the custody °*'a miuor child, in which the applicant fails and the child is allowed to remain with the defendants, the county in which the application is made, and the proceedings heard, and the applicant resides is liable for the costs of the proceedings.”
The pi-oceedings in this case were instituted in the name of the State, and for the purpose of restoring to liberty a person entitled to the protection of the…
2Cited by4 opinions
- Ford v. DilleySupreme Court of Iowa · 1916
- Emery v. FentonSupreme Court of Iowa · 1978
- Orr v. JacksonSupreme Court of Iowa · 1910
- State ex rel. Patton v. BenningSupreme Court of Iowa · 1922