2017 Wisconsin Statutes & Annotations
Chapter 782. Habeas corpus.
782.22 Discharge if in custody under process.

Universal Citation: WI Stat § 782.22 (2017)

782.22 Discharge if in custody under process.

(1) If it appear that the prisoner is in custody by virtue of civil process of any court or issued by any officer in the course of judicial proceedings before the officer such prisoner can be discharged in the following cases only:

(a) Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, law or person.

(b) Where, although the original imprisonment was lawful, yet by some act, omission or event which has taken place afterward the prisoner is entitled to be discharged.

(c) Where the process is void.

(d) When the process was issued in a case not allowed by law.

(e) Where the person having the custody of the prisoner is not empowered by law to detain the prisoner; or

(f) Where the process is not authorized by any judgment or order of any court nor by any provision of law.

(2) But no court or judge, on the return of such writ, shall inquire into the legality or justice of any judgment, order or execution specified in s. 782.21.

History: 1979 c. 32 s. 59, 92 (11); 1979 c. 176; Stats. 1979 s. 782.22; 1993 a. 486.

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