Opinion
No. 4062.
Decided July 2, 1951.
The question of whether a writ of habeas corpus should be granted is moot where the petitioner is no longer restrained of his liberty.
PETITION, for habeas corpus on the ground that the plaintiff was improperly deprived of his liberty under Laws 1949, c. 314, s. 3, par. 1. After hearing, the petition was denied subject to exception.
All questions of law raised by said exception were reserved and transferred by Wescott, J.
After transfer of the case the defendants filed a motion in this court that the appeal be dismissed on the ground that the issues raised were moot.
William H. Sleeper and Robert Shaw (Mr. Shaw orally), for the plaintiff.
Gordon M. Tiffany, Attorney General and Fred W. Hall, Jr., County Solicitor (Mr. Tiffany orally), for the defendants.
The plaintiff concedes that he is no longer restrained of his liberty and that he has been discharged by the defendants from their custody. His right to the relief that he seeks is accordingly a moot question. Gobin v. Hancock, 96 N.H. 450. The defendants' motion to dismiss is granted.
Case discharged.
All concurred.