Ex parte Morgan
District Court, W.D. Arkansas
Proceedings in Habeas Corpus: In this case the petitioner, Prank Morgan, files his petition for a writ of habeas corpus, in which, among other things, he states that by virtue of a requisition issued by the'principal chief of the Cherokee Nation upon the governor of the state of Arkansas, the said governor did, on the eighteenth day of August, 1S83, issue his warrant, directed to the sheriff of Sebastian county, state of Arkansas, for the arrest of . the petitioner for the…
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Proceedings in Habeas Corpus: In this case the petitioner, Prank Morgan, files his petition for a writ of habeas corpus, in which, among other things, he states that by virtue of a requisition issued by the'principal chief of the Cherokee Nation upon the governor of the state of Arkansas, the said governor did, on the eighteenth day of August, 1S83, issue his warrant, directed to the sheriff of Sebastian county, state of Arkansas, for the arrest of . the petitioner for the .crime of murder by having killed one Albert Johnson; that on the eleventh day of September, 1883, the said sheriff, by…
1Opinion of the CourtParker, J.
The demurrer to the sheriffs return, from the nature of that return, raises all the questions affecting the legality under the constitution and laws of the United-Statesnf the imprisonment of Morgan. I have no concern with the morality or public policy of this case. Prom the state of the case, I am called on to consider it from a purely legal stand-point, and to view it as a naked, simple legal question. It is true that, in the construction of a law, where there is doubt as to the purpose to be subserved by the law-maker, we may take into consideration an existing condition of affairs, and…
2Cases cited2 opinions
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Ex parte ThorntonTexas Supreme Court · 1853
3Cited by46 opinions
- Mary Jane WILSON, Plaintiff-Appellee, v. Thomas David MARCHINGTON; Inland Empire Shows, Inc., Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997
- Oliver Lee Kirkland and Elizabeth Smith v. Paul H. Preston and Luke MooreCourt of Appeals for the D.C. Circuit · 1967
- Ex parte HartCourt of Appeals for the Fourth Circuit · 1894
- Tracy v. Superior CourtArizona Supreme Court · 1991
- In Re CooperCalifornia Supreme Court · 1960
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