Walton v. . Gatlin

The motion on the part of the defendant for a certiorari, or other appropriate writ to bring up this case for review on the question of law, was opposed by the counsel of Walton on two grounds:

1. It was insisted that the action of a single judge in vacation, upon a writ of habeas corpus, is not the subject of review. The counsel relied on the authorities cited, and the reasoning of Judge Kent, in Yates v. NewYork, 6 Johnson, 397, and of Judge Baldwin in Holmes v. Jennison, 14 Peters. 614 (13 Curtis, 649).

These cases show that there is a conflict of decisions and a great contrariety of opinion…