Wisconsin Statutes 782.22 – Discharge if in custody under process
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Terms Used In Wisconsin Statutes 782.22
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- 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: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.