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29 Minn. 462

State ex rel. Keyes v. Buckham

Supreme Court of Minnesota

Decided October 23, 1882

Supreme Court of Minnesota · decided 1882-10-23

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.

Relies on State ex rel. Perkins v. Probate Court

Good law ✅— No negative treatment on recordhow we know

Decided 1882-10-23

How this case has been cited

Cited by 12 later decisions — most recently December 1944

12 state decisions

201882189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Berry, J.

¶1A 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 final order, affecting a substantial right, made in a special proceeding.” If, as is alleged in the case at bar, a person imprisoned for crime is wrongfully discharged upon habeas corpus, the state is the aggrieved party whose substantial right is affected. As an appeal lies from an order of discharge in habeas corpus proceedings, a certiorari does not lie, it being the settled doctrine of this court that certiorari will not lie in a case in which the appellate jurisdiction of this court can be adequately invoked by appeal. State v. Probate Court of Hennepin Co., 28 Minn. 381.

¶2Writ of certiorari quashed.

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