Griffith v. Hubbard
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Application by Isaac N. Griffith against C. W. Hubbard, sheriff, for a writ of habeas corpus. From an order of the circuit court refusing to vacate a judge’s order discharging petitioner, Hubbard appeals. The facts are stated in the opinion. The trial court had found the defendant guilty of the fraud, and the circuit judge was not justified in attempting to retry such a matter on habeas corpus.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Application by Isaac N. Griffith against C. W. Hubbard, sheriff, for a writ of habeas corpus. From an order of the circuit court refusing to vacate a judge’s order discharging petitioner, Hubbard appeals. The facts are stated in the opinion. The trial court had found the defendant guilty of the fraud, and the circuit judge was not justified in attempting to retry such a matter on habeas corpus. The gravamen of the action was fraud; and the action trespass on the case. 2 Greenl. Evi. (Red. Ed.) .§ 224; 2 Chitty’s PI. 679;…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order of the circuit court refusing to vacate and set aside a judge’s order discharging the petitioner on habeas corpus. In the petition for the writ the petitioner set out a copy of the complaint, judgment and execution under which he was held by the defendant, Hubbard, as sheriff of Minnehaha county. The action, as appears from the complaint, was brought upon three promissory notes executed by the petitioner to the Esterly Harvesting Machine Company, and transferred by that company to John Sundback, who was the plaintiff in the action. The plaintiff, Sundback, for…
2Cases cited5 opinions
- Wood v. . HenryNew York Court of Appeals · 1869
- Elwood v. . GardnerNew York Court of Appeals · 1871
- Graves v. . WaiteNew York Court of Appeals · 1874
- Prouty v. . SwiftNew York Court of Appeals · 1873
- Hormann v. SherinSouth Dakota Supreme Court · 1895
3Cited by7 opinions
- Security Savings Bank v. MuellerSouth Dakota Supreme Court · 1981
- North Central Investment Co. v. Vander VorsteSouth Dakota Supreme Court · 1965
- Lyon v. BertoleroSouth Dakota Supreme Court · 1909
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1922
- J. I. Case Co. v. AlickSouth Dakota Supreme Court · 1942
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