State ex rel. Keyes v. Buckham
Supreme Court of Minnesota
On the return to a writ of habeas corpus, allowed for the relief of one Shaw, in confinement under a judgment of a justice of the peace, and after argument, the respondent, as judge of the district court for Bice county, made an order discharging Shaw from custody. Thereupon the relator, as county attorney, sued out a writ of certiorari.
1Opinion of the CourtBerry, J.
A proceecliñg in habeas corpus^ is a special proceeding, not only because it is not an ordinary civil.action, but because it is so expressly classified in our statutes. Gen. St. 1878, c. 80, tit. 3. An order discharging a person brought up on a writ of habeas corpus is a final order, because it fully disposes of, and makes an end of, the proceeding in which it is made. It follows that such order may be brought to this court for a full.review by appeal, under Gen. St. 1878, c. 86, § 8, which, inter alia, provides that an appeal may be taken by an aggrieved party to the supreme court “from a…
2Cases cited1 opinion
- State ex rel. Perkins v. Probate CourtSupreme Court of Minnesota · 1881
3Cited by12 opinions
- Ex Parte JohnsonCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
- In re SnellSupreme Court of Minnesota · 1883
- Tail v. OlsonNebraska Supreme Court · 1944
- State v. TowerySupreme Court of Alabama · 1904
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