Ex parte Davis v. Davis
South Dakota Supreme Court
Appeal from 'Circuit Court, Minnehaha County; Hon. John T. Mudin, Judge. - . . In re application of James F. Davis, for writ of Habeas ■ Corpus. From an order of the Circuit Court adjudging appellant’s imprisonment in the state penitentiary illegal, and ordering his discharge, Guy C. Redfield, as warden of the state penitentary appeals.
Read the full summary
Appeal from 'Circuit Court, Minnehaha County; Hon. John T. Mudin, Judge. - . . In re application of James F. Davis, for writ of Habeas ■ Corpus. From an order of the Circuit Court adjudging appellant’s imprisonment in the state penitentiary illegal, and ordering his discharge, Guy C. Redfield, as warden of the state penitentary appeals. (3) To point three of the opinion, Appellant cited: State v. Taylor, 85 S. W. (Mo.) 564; State v.'McKee, 104 S. W. (Mo.) 486; Secs.- 3741, 3734, Rev. Code 1919; Commonwealth v. Barker, 133-Mass. 399; Hughes v. Board (S. D.) 127 N. W. 613. Respondent cited:…
1Opinion of the CourtWhiting, J.
One Davis, imprisoned in the state penitentiary, -brought habeas corpus proceedings in the circuit court to test the legality of such imprisonment. The circuit court held the imprisonment illegal and ordered the discharge of Davis. From such order this appeal was taken.
[1] Respondent not only contends that the order of the trial court was correct, -but he contends that there is, in this state, no right of appeal from an order of discharge- in habeas 'corpus proceedings, and that, even if such an appeal could be taken, the present attempt to appeal was abortive because of the lack of an…
2Cases cited2 opinions
- Hughes v. Board of Com'rsSouth Dakota Supreme Court · 1910
- State v. McKeeMissouri Court of Appeals · 1907
3Cited by4 opinions
- Frankey v. Patten, SheriffUtah Supreme Court · 1929
- Pike v. City of MarshallSupreme Court of Minnesota · 1920
- Redfield v. DavisSouth Dakota Supreme Court · 1920
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1922