Re Simonson

The petitioner applied for a writ of habeas corpus to the judge of the district court of Wells county. From an order denying that application, the petitioner prosecutes this appeal.

No rule of practice is better settled in this jurisdiction than that a final order in a habeas corpus proceeding is not appealable. It was so held in Carruth v. Taylor, decided by this court in November, 1898, and reported in 8 N.D. 166, 77 N.W. 617. When the attention of counsel for the petitioner was directed to this rule, at the time of the oral argument, a stipulation was made between the parties, with the…