# Cormack v. Marshall

> Illinois Supreme Court · October 24, 1904 · 67 L.R.A. 787

URL: https://www.frixlaw.com/law-library/cases/6971636

## Case

- **Full name:** Joseph M. Cormack v. Thomas Marshall
- **Court:** Illinois Supreme Court
- **Decided:** October 24, 1904
- **Citations:** 67 L.R.A. 787; 211 Ill. 519
- **Precedential status:** Published
- **Opinion:** Dissent by Wilkincartwrightscott
- **Judges:** Cartwright, Ricks, Scott, Wilkin
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6971636

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6971636. Public record. Not legal advice.