Moyer v. Peabody
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The facts are stated in the opinion. The Circuit Court of the United States has jurisdiction to entertain a controversy, arising under § 1979, 'Rev. Stat., for the infringement of a guaranty secured by- the Fourteenth Amendment. '■ . - An allegation in the complaint showing that one has been deprived of the constitutional guaranty of liberty, without due process of law, setting up and defining in…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The facts are stated in the opinion. The Circuit Court of the United States has jurisdiction to entertain a controversy, arising under § 1979, 'Rev. Stat., for the infringement of a guaranty secured by- the Fourteenth Amendment. '■ . - An allegation in the complaint showing that one has been deprived of the constitutional guaranty of liberty, without due process of law, setting up and defining in his complaint what constitutes due process of law in the state courts, coupled with an averment that those state courts…
1Opinion of the CourtJustice Holmes
This is an action, brought by the plaintiff in error against the former Governor of the. State of Colorado, the former Adjutant General of the National Guard of the same State, and a captain of a company of the National Guard, for an imprisonment of the plaintiff, by them while in office. The complaint was dismissed on demurrer, and the case comes here on a certificate that the demurrer was sustained solely on the ground that there was no jurisdiction in the Circuit Court. 148 Fed. Rep. 870. ■
The complaint alleges that the imprisonment was continued from the morning of March 30,1904, to the…
2Cases cited7 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Luther v. BordenSupreme Court of the United States · 1849
- United States v. Ju ToySupreme Court of the United States · 1905
- Lawrence v. MinturnSupreme Court of the United States · 1855
- Dow v. JohnsonSupreme Court of the United States · 1880
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3Cited by138 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. SalernoSupreme Court of the United States · 1987
- Sterling v. ConstantinSupreme Court of the United States · 1932
- Henry H. Amsden v. Thomas F. Moran, Etc.Court of Appeals for the First Circuit · 1990
- Alejandro Rodriguez v. Timothy RobbinsCourt of Appeals for the Ninth Circuit · 2015
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