Jamison v. Gilbert Et Ux.
Supreme Court of Oklahoma
Error from District Court, Atolca County; Robert M. Rainey, Judge. Application for writ of habeas corpus by Luther Jamison against A. W. Gilbert and Dilly Gilbert. Judgment for defendants, -and plaintiff brings error.
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Error from District Court, Atolca County; Robert M. Rainey, Judge. Application for writ of habeas corpus by Luther Jamison against A. W. Gilbert and Dilly Gilbert. Judgment for defendants, -and plaintiff brings error. This action is for writ of habeas corpus, brought in the-court below by Willie Green Jamison, an infant, acting by and through his father, against defendants in error, who are the-maternal grandparents of said infant, to determine the right to the custody and control of said child. There were -two hearings upon the petition in the court below. At the conclusion of the first…
1Opinion of the Court
HATES, . C. J.
(after' stating the facts as above.) The first question presented by this proceéding is whether the order sought to be .reversed is a-n appealable order. It has been decided several times in this jurisdiction that fro-m an order in a habeas corpus proceeding, brought by a party imprisoned or restrained o-f his liberty, no- appeal lies to this court. Wisener v. Burrell, 28 Okla. 546, 118 Pac. 999, 34 L. R. A. (N. S.) 755, Ann. Cas. 1912D, 356; Williams v. Sale et al., 33 Okla. 659, 126 Pac. 800; Ex parte Johnson, 1 Okla. Cr. 414, 98 Pac. 461.
In adopting the rule -announced in the…
2Cases cited19 opinions
- Cormack v. MarshallIllinois Supreme Court · 1904
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- Marshall v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Verser v. FordSupreme Court of Arkansas · 1881
- Norval v. ZinsmasterNebraska Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jain v. PriestIdaho Supreme Court · 1917
- Parker v. LewisSupreme Court of Oklahoma · 1915
- In Re ThompsonMontana Supreme Court · 1926
- Vickers v. FaubionCourt of Appeals of Texas · 1920
- Tillman v. WaltersSupreme Court of Alabama · 1925
33 more not listed; retrieve them via the Exa API.