Legal Opinion

State ex rel. Brown v. Fitzgerald

Supreme Court of Minnesota

Decided December 6, 1892PublishedCited by 25 opinions

On the application of John Brown, relator, writs of Habeas Corpus and Certiorari were issued from this court to John Fitzgerald, keeper of the city workhouse of the City of St. Paul, to produce in court the body of the relator, with the cause of his detention. The respondent made return that he held the relator by virtue of a conviction before the Municipal Court of the city, for violation of a city ordinance.

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On the application of John Brown, relator, writs of Habeas Corpus and Certiorari were issued from this court to John Fitzgerald, keeper of the city workhouse of the City of St. Paul, to produce in court the body of the relator, with the cause of his detention. The respondent made return that he held the relator by virtue of a conviction before the Municipal Court of the city, for violation of a city ordinance. It appeared from the returns that the relator was arrested by an officer without a warrant, was arraigned upon a written complaint, pleaded not guilty, waived a jury, was tried,…

1Opinion of the CourtGtlfillan, C. J.

This is a habeas corpus issued to respondent, keeper of the workhouse, St. Paul, requiring him to bring the relat- or before us, with the cause of his detention. The cause returned is a commitment upon a conviction before the municipal court of St. Paul for violation of an ordinance of that city. The return to a writ of certiorari ancillary to the habeas corpus issued to that court makes it appear that the relator was arrested by an officer, without warrant, taken before the municipal court, arraigned upon a written verified complaint, pleaded not guilty, waived a jury, and was convicted, and…

2Cases cited3 opinions

  1. State v. BrewsterSupreme Court of Vermont · 1835
  2. Wahl v. WaltonSupreme Court of Minnesota · 1883
  3. Scanlan v. MurphySupreme Court of Minnesota · 1892

3Cited by25 opinions

  1. Ford v. United StatesSupreme Court of the United States · 1926
  2. State Ex Rel. Adams v. RiggSupreme Court of Minnesota · 1958
  3. State Ex Rel. Duhn v. TahashSupreme Court of Minnesota · 1966
  4. Hagner v. United StatesCourt of Appeals for the D.C. Circuit · 1931
  5. State Ex Rel. Schwanke v. UtechtSupreme Court of Minnesota · 1951

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