State ex rel. Hart v. Rosencrans
Supreme Court of Iowa
Appeal from an Order of JR. G. Beiniger, Circuit Judge. Tuts proceeding, entitled as above, was instituted by Hart, for the purpose of obtaining a writ of habeas corpus, and his discharge thereon from the defendant’s custody. The writ was issued, and an answer and return were made thereto. Upon a hearing having been had, the prayer for release was denied, and the plaintiff was remauded into custody. He appeals.
1Opinion of the CourtAdams, J.
The appellant sought to effect a release from the custody of the defendant, Rosencrans, as sheriff of Cerro Gordo county. The record shows that he had been brought before one II. II. Cummings, a justice of the peace, on a charge of maintaining a nuisance in the use made of a certain room, by keeping whisky, wine and beer, and other intoxicating liquors, therein, with intent to sell the same in violation of law. As to what order the magistrate made, the record is silent; but both parties have treated the case as if the order was that Hart be held to answer to the charge against him. A…
2Cited by3 opinions
- State v. WrennSupreme Court of Iowa · 1922
- Hallway v. ByersSupreme Court of Iowa · 1928
- Brammer v. Iowa Telephone Co.Supreme Court of Iowa · 1917