State ex rel. Hall v. Long
Supreme Court of Minnesota
Emory A. Hall having been sentenced by a justice of the peace to pay a fine, or in default of payment to be imprisoned in the county jail, was delivered into the custody of the sheriff of Morrison county. Thereupon he obtained a writ of habeas corpus directed to the sheriff and returnable before a court commissioner, who, after hearing, ordered that the prisoner be discharged. From the order of discharge defendant appealed.
1Opinion of the CourtJaggard, J.
One Hall was convicted before a justice of the peace for assault and battery, and adjudged to “pay a fine of $50 and the costs therein, and in default thereof to be imprisoned in the common jail of the said county for sixty days.” An appeal on fact and law was duly taken to the district court. On defendant’s own motion that appeal was dismissed. Thereafter the justice issued a warrant of commitment by virtue of which the sheriff took the defendant into custody. Thereupon a writ of habeas corpus was sued out and the defendant discharged from the custody of the sheriff by a court commissioner.…
2Cases cited4 opinions
- Graham v. ConradSupreme Court of Minnesota · 1896
- Rowell v. ZierSupreme Court of Minnesota · 1896
- Schroeder v. HarrisSupreme Court of Minnesota · 1890
- State ex rel. Larson v. District CourtSupreme Court of Minnesota · 1899
3Cited by2 opinions
- Spicer v. KennedySupreme Court of Minnesota · 1919
- Spicer v. KennedySupreme Court of Minnesota · 1919