In re Hammill

Citations

• 9 S.D. 390
• 69 N.W. 577
• 1896 S.D. LEXIS 173

Syllabus

<p>1. In habeas corpus proceedings the decision of the circuit court is a final order affecting a substantial right, made in a special proceeding, from which an appeal will lie to the supreme court.</p> <p>2. Though the writ of habeas corpus is one of constitutional right, its privilege is to be exercised in a reasonable manner; and in ordinary cases application should, in the first instance be made to the circuit court, from whose decision an appeal may be taken which will be preferred, and considered as soon as submitted in the supreme court.</p>