Legal Opinion
Banks v. O'Grady
Court of Appeals for the Eighth Circuit
Decided August 3, 1940No. 492, OriginalPublishedCited by 19 opinions
1Per curiam
On July 20, 1940, Judge Thomas of this •court, through the office of the Clerk of the Court, received from the petitioner a “Petition for Writ of Habeas Corpus.” This court being in session the petition was, in accordance with our practice, referred to the court, and it has by us been given careful consideration.
Section 455, Title 28 U.S.C.A. (R. S. § 755), provides that: “The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto.” It is the right and duty of…
2Cases cited8 opinions
- Ponzi v. FessendenSupreme Court of the United States · 1922
- United States Ex Rel. Demarois v. FarrellCourt of Appeals for the Eighth Circuit · 1937
- McKee v. JohnstonCourt of Appeals for the Ninth Circuit · 1939
- Murdock v. PollockCourt of Appeals for the Eighth Circuit · 1915
- Mothershead v. KingCourt of Appeals for the Eighth Circuit · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
- Stamphill v. JohnstonCourt of Appeals for the Ninth Circuit · 1943
- Vanover v. CoxCourt of Appeals for the Eighth Circuit · 1943
- Application of Lyle Nelson for a Writ of Habeas CorpusCourt of Appeals for the Eighth Circuit · 1970
- Reilly v. PescorCourt of Appeals for the Eighth Circuit · 1946
14 more not listed; retrieve them via the Exa API.