§ 32-22-17 — Causes for discharge of person restrained

If it appears on the return of the writ that the party is in custody by virtue of process from
any court of this state, or any judge or officer thereof, such person may be discharged in any of
the following cases, subject to the restrictions of section 32-22-02:
1. When the jurisdiction of such court or officer has been exceeded.
2. When the imprisonment was at first lawful, but by some act, omission, or event which
has taken place afterward, the party has become entitled to a discharge.
3. When the process is defective in some matter of substance required by law rendering
such process void.
4. When the process, though regular in form, has been issued in a case not allowed by
law.
5. When the person having the custody of the party is not the person allowed by law to
detain the party.
6. When the process is not authorized by any order or judgment of any court nor by any
provisions of law.
7. When a party has been committed on a criminal charge without reasonable or
probable cause.
8. When the process appears to have been obtained by false pretense or bribery.