MR. JUSTICE BROWN, after making the above statement of the case, delivered the opinion of the court.
1. Motion is made to dismiss the appeal upon the ground that there is no provision of law allowing an appeal in this class of cases. Prior to the Court of Appeals act of 1891, provision was made for an appeal to the Circuit Court in habeas corpus cases "from the final decision of any court, justice or judge inferior to the Circuit Court." Rev. Stat. sec. 763...
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