Miller v. Gordon

Citations

• 93 Kan. 382
• 144 P. 274
• 1914 Kan. LEXIS 442

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Appeal from Decision of Probate Court May be Taken. Following the decision in In re Petitt, 84 Kan. 637, 114 Pac. 1071, it is held that since the adoption of the amended code an appeal may be taken to the district court from a decision of the probate court discharging the petitioner in a habeas corpus proceeding.</p> <p>2. Habeas Corpus — Chief of Police Respondent May Prosecute Appeal. A chief of police, who is made the respondent in a habeas corpus proceeding has such an interest therein that he may prosecute an appeal from an order of the probate court ' discharging the petitioner. The case of Cook v. Wyatt, 60 Kan. 535, 57 Pac. 130', is overruled.</p> <p>3. Habeas Corpus — Appeal—Procedure in Case Prisoner is Remanded by District Court. The respondent in a habeas corpus proceeding appealed to the district court from an order of the probate court discharging the petitioner. The district court dismissed the appeal on the ground that it had no jurisdiction. The respondent then appealed to the supreme court. No supersedeas was granted and no stay was asked of the order discharging the petitioner. Held, that the questions raised are not moot, and that in case the district court upon a trial of the appeal on its merits remands the petitioner, the court in which the prosecution was commenced will have authority to issue a warrant for the petitioner if that is found necessary.</p>