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72 Neb. 612

In re Greaser

Nebraska Supreme Court

Decided November 2, 1904

Nebraska Supreme Court · decided 1904-11-02

<p>Habeas Corpus: Aepeal. Tbe judgment of a district court in a proceeding in babeas corpus will not be reviewed by tbis court on appeal.</p>

Cited by 1 later decisions — most recently December 1916

1 state decisions

Relies on In re Van Sciever

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1904-11-02

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Oldham, C.

¶1This was a proceeding in habeas corpus in the district court for Colfax county, Nebraska. There was a judgment for the relators in the court below, which respondents seek to have reviewed by this court on appeal. No motion was filed for a new trial in the court below, nor was a petition in error filed in this court. This leaves but one question to determine, and that is as to the form of the procedure under which this court will review the judgment of a district court in habeas corpus. This question was before us in the case of In re Van Scierer, 42 Neb. 772, and, after a careful examination of the proper method of review of causes of this nature by this court, we determined that proceedings in habeas corpus were civil in their nature and could, and would, be reviewed here on error proceedings, but not on appeal. We think the rule well supported in principle, and therefore recommend that the appeal in the case at bar be dismissed.

Ames and Letton, CC., concur.By the Court:

¶2For the reasons, stated in the foregoing opinion, the appeal in the case at bar is

¶3Dismissed.

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