In Re Swan
Supreme Court of the United States
ORIGINAL. By an order of the Circuit Court of the United States for the District of South Carolina in .the case of F. W. Bound v. The South Carolina Railway Company and others, Daniel H. Chamberlain was appointed receiver of the railway company; and al'1 of its property was placed under his care and management and protected by injunction.
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ORIGINAL. By an order of the Circuit Court of the United States for the District of South Carolina in .the case of F. W. Bound v. The South Carolina Railway Company and others, Daniel H. Chamberlain was appointed receiver of the railway company; and al'1 of its property was placed under his care and management and protected by injunction. In the operation of - the railroad as a common carrier, there was delivered to the receiver April 12, 1893, a barrel of liquor shipped by citizens of North Carolina from Statesville in that State, and consigned .to their agents in Charleston, South Carolina.…
1Opinion of the CourtChief Justice Fullee
"We reiterate what has so often been said before, that the writ of habeas corpus cannot be used to perform the office of a writ of error or appeal; but when no writ of error or appeal will lie, if a petitioner is imprisoned under a judgment of the Circuit Court which had no jurisdiction of the person or of the subject-matter, or authority to render the judgment complained of, then relief may be accorded. In re Frederich, 149 U. S. 70; In re Tyler, Petitioner, 149 U. S. 164.
The contention here is that the order of committal was wholly void for want of jurisdiction to make any order whatr ever,…
2Cases cited5 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re TylerSupreme Court of the United States · 1893
- Ex Parte ParksSupreme Court of the United States · 1876
- In Re FrederichSupreme Court of the United States · 1893
- Northern Pacific Railroad v. WhalenSupreme Court of the United States · 1893
3Cited by101 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Peyton v. RoweSupreme Court of the United States · 1968
- In Re DebsSupreme Court of the United States · 1895
- McNally v. HillSupreme Court of the United States · 1934
- Sunal v. LargeSupreme Court of the United States · 1947
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