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EX PARTE BIRDSLEY

No. 33548.

65 N.W.2d 328 (1954)

159 Neb. 74

Ex parte BIRDSLEY. BIRDSLEY v. KELLEY.

Supreme Court of Nebraska.

July 9, 1954.

Attorney(s) appearing for the Case

Fred C. Kiechel, Auburn, Clarence S. Beck, Atty. Gen., Robert A. Nelson, Asst. Atty. Gen., for appellant.

Dwight Griffiths, Auburn, Robert S. Finn, Tecumseh, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

YEAGER, Justice.

This is an action wherein William Birdsley filed an application for a writ of habeas corpus against George F. Kelley, sheriff of Nemaha County, Nebraska, respondent, wherein the applicant charged that he was unlawfully restrained of his liberty. The writ was allowed and the applicant was ordered discharged. From the order allowing the writ and discharging the applicant from custody the respondent has appealed...

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