EMMERT, J.
This is an appeal from a judgment for the appellee who was defendant to a complaint for writ of habeas corpus. We overruled appellee's motion here to dismiss the appeal, and the cause has been briefed upon the merits.
Appellee contended in the motion to dismiss that appellant had nothing to present, since he had not filed any motion for a new trial in the trial court. In habeas corpus proceedings it has been the practice in this state to file motions...
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