CURRAN v. WOOLLEY


104 A.2d 771 (1954)

CURRAN et al. v. WOOLLEY et al.

Supreme Court of Delaware.

May 6, 1954.


Attorney(s) appearing for the Case

Herbert L. Maris and Charles F. G. Smith, of Philadelphia, Pa., and Irving Morris, Wilmington, for appellants.

Stephen E. Hamilton, Jr., Deputy Atty. Gen., for appellees.

SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ., sitting.


WOLCOTT, Justice.

The question raised by this appeal is one of procedure. The appellants, hereinafter referred to as the petitioners, contend that they have a right to proceed to a hearing on the merits of their contention that they are illegally imprisoned by way of petition for a writ of habeas corpus. The Board of Trustees, hereinafter referred to as the State, maintain, however, that the petitioners must first exhaust...

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