If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases:

Terms Used In Minnesota Statutes 589.15

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44

(1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person;

(2) if, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the person is entitled to be discharged;

(3) if the process is defective in some matter of substance required by law, rendering it void;

(4) if the process, though in proper form, has been issued in a case not allowed by law;

(5) if the person having the custody of the petitioner under the process is not the person empowered by law to detain the petitioner; or

(6) if the process is not authorized by a judgment or order of a court, or by a provision of law.