Opinion

Cormack v. Marshall

  • 67 L.R.A. 787
  • 211 Ill. 519
Court
Illinois Supreme Court
Filed
Oct 24, 1904
Status
Published
Author
Wilkincartwrightscott
On the bench
Cartwright, Ricks, Scott, Wilkin
Cited by
68 cases

The opinion

Wilkin, Cartwright and Scott, JJ., dissenting:

We dissent from the foregoing opinion so far as it holds that a writ of error will lie to review a decision of a judge or court in a habeas corpus proceeding and that such a decision is res judicata. A habeas corpus proceeding may be before a judge in vacation, in which case there is no record to be certified to an Appellate Court for review. An order as to the custody of a child in a habeas corpus proceeding is in its nature temporary and interlocutory, and we do not see how it can be res jtidicata in a subsequent proceeding in this court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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