Ex Parte McCardle
Supreme Court of the United States
Motion to dismiss an appeal from the Circuit Court for the District of Mississippi; the case being thus : The Judiciary Act of 1789,* enacts: “That either of the justices of the Supreme Court as well as judges of the District Courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment; Provided, That writs of habeas corpus, shall in no ease extend to prisoners in jail, unless where they are in custody under or by color…
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Motion to dismiss an appeal from the Circuit Court for the District of Mississippi; the case being thus : The Judiciary Act of 1789,* enacts: “That either of the justices of the Supreme Court as well as judges of the District Courts, shall have power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commitment; Provided, That writs of habeas corpus, shall in no ease extend to prisoners in jail, unless where they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The motion to dismiss the appeal has been thoroughly argued, and we are now to dispose of it.
The ground assigned for the motion is want of jurisdiction, in this court, of appeals from the judgments of inferior courts in cases of habeas corpus.
Whether this objection is sound or otherwise depends upon the construction of the act of 1867.
Prior to the passage of that act this court exercised appellate jurisdiction over the action of inferior courts by habeas corpus. In the case of Burford * this court, by habeas corpus, aided by a writ of…
2Cases cited1 opinion
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
3Cited by60 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
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- In Re BurrusSupreme Court of the United States · 1890
- Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996
- Kurtz v. MoffittSupreme Court of the United States · 1885
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