Upon the return of any writ of habeas corpus, issued as aforesaid, if it shall appear that the person detained or imprisoned is in custody under any warrant or commitment in pursuance of law, the return shall be considered as prima facie evidence of the cause of detention; but if the person so imprisoned or detained is restrained of liberty by any alleged private authority, the return of the writ shall be considered only as a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts. Upon the final disposition of any case arising upon a writ of habeas corpus, the court or judge determining the same shall make such order as to costs as the case may require.
Neb. Rev. Stat. § 29-2819
Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs
Applied in 2 court decisions — leading case D.I. v. Gibson (2017)
Most recently applied in D.I. v. Gibson (February 2017)
G.S.1873, c. 58, § 373, p. 809; R.S.1913, § 9265; C.S.1922, § 10294; C.S.1929, § 29-2819; R.S.1943, § 29-2819.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.