In re Martin
U.S. Circuit Court for the District of Southern New York
This was a writ of habeas corpus directed to the marshal of the Southern district of New York, commanding him to bring the body of Robert M. Martin before the court.
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This was a writ of habeas corpus directed to the marshal of the Southern district of New York, commanding him to bring the body of Robert M. Martin before the court. As the petition for the writ alleged that the prisoner was detained in custody under d warrant of commitment issued by a United States commissioner, a writ of certiorari, also, was issued by the court to the commissioner, directing him to send up the proceedings and evidence upon which such commitment was founded. By his return to the habeas corpus, the marshal justified his detention of the prisoner, by setting forth the order…
1Opinion of the Court
SHIPMAN, District Judge.
The power of this court to grant the writ of habeas corpus is not denied, and, therefore, need not now be dwelt upon. Neither shall I discuss at much length its power to grant the writ of certio-rari, as ancillary to the former writ. The courts of the United States being courts of limited, though not of inferior jurisdiction, their powers must be sought for in the acts of congress. The 14th section of the judiciary act of September 24th, 1789 (1 Stat 81), provides, “that all the before-mentioned courts of the United States shall have power to issue writs of-scire…
2Cases cited2 opinions
- Ex parte TayloeNew York Supreme Court · 1825
- People v. MartinNew York Supreme Court · 1848
3Cited by2 opinions
- United States v. BrawnerDistrict Court, W.D. Tennessee · 1881
- United States ex rel. Ripstein v. PowerCourt of Appeals for the Second Circuit · 1922