State Ex Rel. Nielsen v. Gibbons
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1945, among the opinions in this site’s citation index.
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Cases that cite this one
2 later published cases cite this decision.
- State Ex Rel. Dufault v. Utecht (Minn. 1945)
- State Ex Rel. Dunlap v. Utecht (Minn. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Convicted, by order, of contempt for failure to pay stated alimony and in consequence subjected to imprisonment, relator has procured a writ of habeas corpus directed to the sheriff of Ramsey county, on whose return the matter has been submitted.
The one claim for relator is that in the district court there was an erroneous decision of the issue whether relator Avas or was not able to pay some alimony. That is enough to show that the Avrit should be discharged, for the simple and sufficient reason that a writ of habeas corpus may not be misused as substitute for writ of error or appeal, that is, as cover for collateral attack on the judgment of conviction. State ex rel. Newman v. Wall, 189 Minn. 265, 249 N. W. 37. For additional cases, see 3 Dunnell, Minn. Dig. (2 ed. & Supps. 1932, 1934) § 4129. Cases in the category of Laff v. Laff, 161 Minn. 122, 200 N. W. 936, where the attack upon the conviction of contempt was by appeal and therefore direct and not collateral, are for that reason not in point.
Writ discharged.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.