In re Macke
Supreme Court of Kansas
Appeal from Lyon District Court. ¶ § Petition for a writ of habeas corpus, filed in the district court of Lyon county by F. H. Macke against T. L. Ryan as sheriff of that county. The writ was issued, and thereafter, on the 11th day of August, 1883, the matter was heard in the court aforesaid, and the petitioner remanded to the sheriff’s custody. He appeals.
1Opinion of the Court
The opinion of the court was delivered by
^.Brewer, J.:
This is a case in which an appeal has been taken to this court from an order of the district court of Lyon county, refusing to discharge the petitioner on habea's corpus, and remanding him to the custody of the sheriff. A motion has been filed by the respondent to dismiss, on the ground *55that such an order can be reviewed, if reviewable at all, only by petition in error; but on the hearing of the case, counsel have waived this matter, desiring a decision on the merits.
The facts are these: A complaint was filed before a justice of the peace,…
2Cases cited2 opinions
- In re WatsonSupreme Court of Kansas · 1883
- In re DonnellySupreme Court of Kansas · 1883
3Cited by5 opinions
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- Brockway v. WagnerSupreme Court of Kansas · 1928
- Cornelson v. StateCourt of Criminal Appeals of Oklahoma · 1926
- In re LightSupreme Court of Kansas · 1938