State ex rel. Smith v. Daniels
Supreme Court of Minnesota
Upon the petition of I. W. Smith, the district court for Polk county issued its writ of habeas corpus directed to the sheriff of that county. The sheriff made return that relator was detained in custody by virtue of the criminal warrant set out in the opinion. The relator demurred to the return of the sheriff.
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Upon the petition of I. W. Smith, the district court for Polk county issued its writ of habeas corpus directed to the sheriff of that county. The sheriff made return that relator was detained in custody by virtue of the criminal warrant set out in the opinion. The relator demurred to the return of the sheriff. The matter was heard upon the petition and writ, return of sheriff, and demurrer of relator to the return, by Watts, J., who sustained the demurrer and discharged relator from custody of the sheriff. From an order sustaining the demurrer of relator to the return, and discharging relator…
1Opinion of the CourtHolt, J.
This is an appeal by the -sheriff of Polk county from an order of the district court releasing and discharging the relator in a habeas corpus proceeding from the custody of the respondent therein, said sheriff, who returned that he held relator by virtue of a criminal warrant duly issued out of the municipal court of the city of Crooks-ton. The warrant is as follows:
“State of Minnesota, | “Crookston. “County of Polk, j SS‘ Municipal Court,
“The State of Minnesota, to any Police Officer or Constable of the city of Crookston or to the Sheriff of said County:
“Whereas, Carl Swanson has this day…
2Cases cited4 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Adair v. United StatesSupreme Court of the United States · 1908
- State v. MarciniakSupreme Court of Minnesota · 1906
- Clements v. UtleySupreme Court of Minnesota · 1904
3Cited by10 opinions
- Coppage v. KansasSupreme Court of the United States · 1915
- Dayton Co. v. Carpet, Linoleum & Resilient Floor Decorators' UnionSupreme Court of Minnesota · 1949
- First State Bank v. Federal Reserve BankSupreme Court of Minnesota · 1928
- Cox v. EdwardsSupreme Court of Minnesota · 1913
- Scott-Stafford Opera House Co. v. Minneapolis Musicians Ass'nSupreme Court of Minnesota · 1912
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