Legal Opinion

State ex rel. Kelly v. Wolfer

Supreme Court of Minnesota

Decided November 15, 1912No. Nos. 17,991—(268)PublishedCited by 26 opinions

Upon the petition of John F. Kelly, the district court for Washington county issued its writ of habeas corpus directing Henry Wolf-er, as warden of the Minnesota state prison, to have the body of Paul C. Kelly before the court. The substance of the petition for the writ is stated in the opinion. After hearing, the court, Stolberg, J., made findings and as conclusion of law quashed the writ and remanded Paul C. Kelly to the custody of respondent.

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Upon the petition of John F. Kelly, the district court for Washington county issued its writ of habeas corpus directing Henry Wolf-er, as warden of the Minnesota state prison, to have the body of Paul C. Kelly before the court. The substance of the petition for the writ is stated in the opinion. After hearing, the court, Stolberg, J., made findings and as conclusion of law quashed the writ and remanded Paul C. Kelly to the custody of respondent. From the order quashing the writ and remanding the prisoner, petitioner appealed.

1Opinion of the CourtPhilip E. Brown, J.

On June 23, 1910, one Kelly was convicted, in the district court of Hennepin county, of the crime of forgery in the second degree, and was then and there sentenced to imprisonment in the state reformatory until he should “thence be discharged by due course of law or by competent authority.” On February 23, 1912, by order of the state board of control, made pursuant to the authority vested in them by R. L. 1905, § 5455, the said Kelly was transferred to the state prison. On July 22, 1912, a writ of habeas corpus in his behalf was sued out of the district court of Washington county—the petition…

2Cases cited22 opinions

  1. Ex Parte WilsonSupreme Court of the United States · 1885
  2. Matter of GregorySupreme Court of the United States · 1911
  3. Miller v. StateIndiana Supreme Court · 1898
  4. Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  5. State ex rel. Blaisdell v. BillingsSupreme Court of Minnesota · 1893

17 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. MulcareWashington Supreme Court · 1937
  2. State v. MeyerSupreme Court of Minnesota · 1949
  3. State ex rel. Petcoff v. ReedSupreme Court of Minnesota · 1917
  4. SheehanMassachusetts Supreme Judicial Court · 1926
  5. Shaw v. UtechtSupreme Court of Minnesota · 1950

21 more not listed; retrieve them via the Exa API.

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