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APPLICATION OF MILLER

No. 34044.

80 N.W.2d 692 (1957)

163 Neb. 584

Application of Raymond L. MILLER for a writ of habeas corpus, The STATE of Nebraska ex rel. Raymond L. MILLER, Appellee, v. N. P. CAVETT, Sheriff, first and real name unknown, Special Officer appointed by the Governor of the State of Iowa and Arvid J. Olson, Sheriff of Johnson County, Nebraska, Appellants.

Supreme Court of Nebraska.

January 25, 1957.

Attorney(s) appearing for the Case

Clarence S. Beck, Atty. Gen., Richard H. Williams, Asst. Atty. Gen., Kent Emery, Des Moines, Iowa, Raymond B. Morrissey, Tecumseh, for appellants.

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

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

CARTER, Justice.

This is an appeal in a habeas corpus proceeding from an order of the district court for Johnson County dismissing the appeal of Arvid J. Olson, sheriff of said county, from the judgment of the county court discharging the appellee from the sheriff's custody.

The motion to dismiss was based on three primary reasons: First, that the purported appeal bond was fatally defective; second, that the purported bond was not given by a party against...

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