Knapp v. Tolan
North Dakota Supreme Court
Application for writ of babeas corpus. Statement by Bkuce, J. This is an application for a writ of habeas corpus. It is an attempt by means of this writ to retry in this court, and within two months, issues which have already been thoroughly tried and considered on a similar writ by the judge of the third judicial district. No new facts or change of circumstances are shown.
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Application for writ of babeas corpus. Statement by Bkuce, J. This is an application for a writ of habeas corpus. It is an attempt by means of this writ to retry in this court, and within two months, issues which have already been thoroughly tried and considered on a similar writ by the judge of the third judicial district. No new facts or change of circumstances are shown. Though the remedy of habeas corpus is resorted to, the proceeding is not in reality an application for “a writ of liberty,” but an attempt on the part of a mother who, the record shows, has been grossly neglectful of her…
1Opinion of the CourtBbuce, J.
(after stating the facts as above). This is not a proper case for the issuance of the writ of habeas corpus. It may be the general rule, and the rule of this state, that the doctrine of res judicata *26is not applicable to tbe decision of one court of justice on a writ of babeas corpus in a criminal case, or where the writ is in the true sense of the term “a writ of liberty” (see Church, Habeas Corpus, § 386; Carruth v. Taylor, 8 N. D. 166, 77 N. W. 617; State v. Beaverstad, 12 N. D. 527, 97 N. W. 548; Re Snell, 31 Minn. 110, 16 N. W. 692). The situation, however, is very different where the…
2Cases cited6 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
- State v. BeaverstallNorth Dakota Supreme Court · 1903
- State ex rel. Lembke v. BechdelSupreme Court of Minnesota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sheehy v. SheehySupreme Court of New Hampshire · 1936
- Yahola v. BerryhillSupreme Court of Oklahoma · 1937
- McDonald v. ShortIndiana Supreme Court · 1921
- Evens v. KellerNew Mexico Supreme Court · 1931
- In re SidleNorth Dakota Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.