Hoadly v. Chase
U.S. Circuit Court for the District of Indiana
Hearing on Petition for a Writ of Habeas Corpus. On April 25, 1903, George Hoadly, Jr., filed his petition in this court against the respondent, Frederick S. Chase, praying for the issuance of a writ of habeas corpus directed to the said Chase, requiring him to produce the body of one Moses Fowler, sometimes erroneously described, the bill alleges, as Moses Fowler Chase, and who, it is averred, is illegally restrained of his liberty by the respondent at St. Elizabeth’s…
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Hearing on Petition for a Writ of Habeas Corpus. On April 25, 1903, George Hoadly, Jr., filed his petition in this court against the respondent, Frederick S. Chase, praying for the issuance of a writ of habeas corpus directed to the said Chase, requiring him to produce the body of one Moses Fowler, sometimes erroneously described, the bill alleges, as Moses Fowler Chase, and who, it is averred, is illegally restrained of his liberty by the respondent at St. Elizabeth’s Hospital, in the city of Lafayette, Ind., in violation of the first section of the fourteenth amendment to the Constitution…
1Opinion of the CourtAnderson, District Judge
(orally). There are several reasons why this court has no power or authority to issue this writ, and there *820are several reasons why I shall refuse to issue it. It was stated by counsel for the petitioner in their argument that if the question here were similar to the question in the case of In re Burrus, 136 U. S. 586, 10 Sup. Ct. 850, 34 L. Ed. 1500 — that is, if this court is asked now to exercise the function of parens patriae — then this court has no jurisdiction. If I have misunderstood counsel, they have the opportunity now to correct me. I understood Mr. Ketcham to state clearly that if…
2Cases cited7 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Fontain v. RavenelSupreme Court of the United States · 1855
- Cross v. BurkeSupreme Court of the United States · 1892
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3Cited by2 opinions
- State Ex Rel. Perky v. BrowneSupreme Court of Florida · 1932
- Ex parte BellDistrict Court, N.D. California · 1917