Byers v. Solier
Wyoming Supreme Court
Original proceedings on habeas corpus. The facts are stated in the opinion. The writ of habeas corpus may be refused to no one who shows a prima facie right to discharge. The statutory proceedings (Secs. 4894, 4895) has but one office — that of restoration to capacity. Restoration to liberty is not mentioned in the sections. Where habeas corpus is an appropriate remedy, it matters not that a remedy also exists by some other proceeding.
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Original proceedings on habeas corpus. The facts are stated in the opinion. The writ of habeas corpus may be refused to no one who shows a prima facie right to discharge. The statutory proceedings (Secs. 4894, 4895) has but one office — that of restoration to capacity. Restoration to liberty is not mentioned in the sections. Where habeas corpus is an appropriate remedy, it matters not that a remedy also exists by some other proceeding. (Miskimmins v. Shaver, 8 Wyo., 392.) The petition makes out a prima facie case. Statutes respecting habeas corpus are entitled to a liberal construction. {In…
1Opinion of the Court
Pottrr, Chirr Justicr.
In this case a petition for habeas corpus was presented to the chief justice by E. T. Payton for and on- behalf of the plaintiff, Ed Byers, alleged to be unlawfully restrained of his liberty at the state hospital for the insane at Evans-ton, in this state, by Dr. C. H. Sober, the superintendent of that institution. A similar application having been denied by District Judge Craig, within whose district the said hospital is located, for reasons presently to be stated, the petition here presented was referred by the chief justice to the court, and a preliminary hearing was…
2Cases cited5 opinions
- Kellogg v. CochranCalifornia Supreme Court · 1890
- Aldrich v. Superior CourtCalifornia Supreme Court · 1898
- Palmer v. BuckMichigan Supreme Court · 1890
- Statham v. BlackfordSupreme Court of Virginia · 1893
- In re ThorpeSupreme Court of Vermont · 1892
3Cited by14 opinions
- Estate of Diebolt v. DieboltSupreme Court of Kansas · 1960
- Richardson v. HallSupreme Court of Georgia · 1945
- Hatton v. State Board of ControlTexas Supreme Court · 1947
- Sheets v. U.S. Department of Veterans AffairsWyoming Supreme Court · 2002
- Miles v. JohansonIdaho Supreme Court · 1925
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