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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
782.01 - Habeas corpus, who to have; definitions.
782.05 - Application to officer in another county.
782.06 - Writ granted without delay.
782.08 - Writ, when sufficient.
782.11 - Petitioner, when to pay charges.
782.12 - Service of writ, when complete.
782.14 - Return, what to state.
782.15 - Prisoner produced, exception.
782.16 - Obedience to writ compelled.
782.17 - Attachment of sheriff.
782.18 - Attachment may issue.
782.19 - Return may be traversed.
782.20 - When party discharged.
782.22 - Discharge if in custody under process.
782.23 - Prisoner, when bailed.
782.24 - Prisoner, when remanded.
782.25 - Custody of prisoner pending proceedings.
782.26 - Interested person notified.
782.27 - Notice to district attorney.
782.28 - Transfer from circuit court commissioner.
782.29 - Proceedings in absence of prisoner; appearance by attorney.
782.30 - Order of discharge, how enforced, action for damages.
782.31 - Nonliability of officers.
782.32 - Reimprisonment for same cause; when cause not same.
782.33 - Warrant in lieu of writ.
782.35 - Warrant, how executed.
782.36 - Proceedings for unlawful detention.
782.37 - Penalty for refusing papers.
782.38 - Reimprisoning party discharged.
782.39 - Concealment of person entitled to writ.
782.44 - Prisoner brought for trial or as witness.
782.45 - Witness fees, inmates of state institutions.
782.46 - Habeas corpus not available to prisoners passing through this state.