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State ex rel. Nielsen v. Gibbons

State Ex Rel. August Nielsen v. Thomas J. Gibbons. [Fn1]

State ex rel. Nielsen v. Gibbons, 271 N.W. 873 (Minn. 1937)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
March 19, 1937
Docket
No. 31,339.
Judges
Stone
Citations
271 N.W. 873199 Minn. 4451937 Minn. LEXIS 688

Opinion of the Court — Stone

Stone, Justice.

Convicted, by order, of contempt for failure to pay stated alimony and in consequence subjected to imprisonment, relator has procured a writ of habeas corpus directed to the sheriff of Ramsey county, on whose return the matter has been submitted.

The one claim for relator is that in the district court there was an erroneous decision of the issue whether relator Avas or was not able to pay some alimony. That is enough to show that the Avrit should be discharged, for the simple and sufficient reason that a writ of habeas corpus may not be misused as substitute for writ of error or appeal, that is, as cover for collateral attack on the judgment of conviction. State ex rel. Newman v. Wall, 189 Minn. 265 , 249 N. W. 37 . For additional cases, see 3 Dunnell, Minn. Dig. (2 ed. & Supps. 1932, 1934) § 4129. Cases in the category of Laff v. Laff, 161 Minn. 122 , 200 N. W. 936 , where the attack upon the conviction of contempt was by appeal and therefore direct and not collateral, are for that reason not in point.

Writ discharged.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11945: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. State ex rel. Dufault v. Utecht19 N.W.2d 706 (Minn. 1945)
  2. State ex rel. Dunlap v. Utecht287 N.W. 229 (Minn. 1939)

Most recent

  1. State ex rel. Dufault v. Utecht19 N.W.2d 706 (Minn. 1945)
  2. State ex rel. Dunlap v. Utecht287 N.W. 229 (Minn. 1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Laff v. Laff, 200 N.W. 936 (Minn. 1924) 21
State ex rel. Newman v. Wall, 249 N.W. 37 (Minn. 1933) 10

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