2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
589.15 DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS.
If it appears on the return that the petitioner is in custody under a valid civil process of a
court, the petitioner can be discharged only in the following cases:
(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;
(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event
which has taken place afterward, the person is entitled to be discharged;
(3) if the process is defective in some matter of substance required by law, rendering it void;
(4) if the process, though in proper form, has been issued in a case not allowed by law;
(5) if the person having the custody of the petitioner under the process is not the person
empowered by law to detain the petitioner; or
(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.
History: (9753) RL s 4587; 1985 c 265 art 9 s 1
If it appears on the return that the petitioner is in custody under a valid civil process of a
court, the petitioner can be discharged only in the following cases:
(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;
(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event
which has taken place afterward, the person is entitled to be discharged;
(3) if the process is defective in some matter of substance required by law, rendering it void;
(4) if the process, though in proper form, has been issued in a case not allowed by law;
(5) if the person having the custody of the petitioner under the process is not the person
empowered by law to detain the petitioner; or
(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.
History: (9753) RL s 4587; 1985 c 265 art 9 s 1
Official Publication of the State of Minnesota
Revisor of Statutes