Eagles v. United States Ex Rel. Horowitz

This is a companion case to Eagles v. Samuels, No. 59, decided this day, ante p. 304. Certiorari also brings it here from the Third Circuit Court of Appeals. That court followed the same procedure here as it did in Samuels’ case; it reversed the District Court which had dismissed the writ of habeas corpus brought on behalf of Horowitz, and remanded the cause to the District Court with directions to discharge him from military custody. 151 F. 2d 801.

It appears that after the remand Horowitz was enlarged upon a recognizance as permitted under our rules. Rule 45. The suggestion that the case is…