When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or persons applying for such writ shall be confined or detained in a legal manner, on a charge of having committed any crime or offense, the judge shall, at his discretion, commit, discharge or let to bail such person or persons, and if the judge shall deem the offense bailable, on the principles of law, he shall cause the person charged as aforesaid to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offense charged considered, conditioned for his appearance at the next court where the offense is cognizable. The judge shall certify his proceedings, together with the recognizance, forthwith, to the proper court; and if the person or persons charged as aforesaid shall fail to enter into such recognizance, he or they shall be committed to prison by such judge.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1955–2025 · leading case:
Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018).
Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018).
“See, also, § 29-2806. Nebraska Children's Home Society v.”
State v. Harig, 218 N.W.2d 884 (Neb. 1974).
“See, § 29-2806, R. R. S. *63 1943; Kennedy v. Corrigan, 169 Neb.”
Application of Kennedy, 100 N.W.2d 550 (Neb. 1960).
· cites it 2× “a person in custody charged with an offense, contains the following: “And in case the person or persons applying for such writ shall be confined or detained in a legal manner, on a charge of having committed any crime or offense, the said judge shall, at his discretion, commit,…”
Lingo v. Hann, 71 N.W.2d 716 (Neb. 1955).
“The statute relating to habeas corpus provides: “When the judge shall have examined into the cause of the caption and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such…”
Ballheim v. Settles, 318 Neb. 873 (Neb. 2025).
“As set forth in § 29-2806, if the court, upon a hearing, is “satisfied that the person is 46 See id.”
Rhodes v. Houston, 108 N.W.2d 807 (Neb. 1961).
“§ 29-2806, R. R. S. 1943. The record shows that the relator at this time has not been discharged, committed, or admitted to bail by the district court.”
Maria T. v. Jeremy S., 300 Neb. 563 (Neb. 2018).
“”17 [4] The habeas statutes do not describe by what means, if any, the respondent may challenge the sufficiency of the relator’s application. But we have held that before filing a response, the respondent may challenge the sufficiency of the statements in the application of the…”
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