Harkrader v. Wadley
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. In tbe Circuit Court of the United States for the Western District of Virginia, one II. G. Wadley filed a petition, signed and sworn to August 10, 1896, praying for the allowance of a writ of habeas corpus. The petition was as folioavs : “To the honorable Circuit Court of the United States in and for the Western District of Virginia, at Abingdon, Virginia, Fourth Circuit.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF VIRGINIA. In tbe Circuit Court of the United States for the Western District of Virginia, one II. G. Wadley filed a petition, signed and sworn to August 10, 1896, praying for the allowance of a writ of habeas corpus. The petition was as folioavs : “To the honorable Circuit Court of the United States in and for the Western District of Virginia, at Abingdon, Virginia, Fourth Circuit. “ Your petitioner, H. G. Wadley, respectfully represents and shows to this honorable court that he is a citizen of the United States of…
1Opinion of the CourtJustice Shiras
The appellee has moved the dismissal of the appeal because, as is alleged, the order discharging the prisoner on the writ of habeas corpus was made by a judge, and not by a court; because the order, whether made by a judge or a court, was not final, as the prisoner was discharged only “ pending said injunction,” and was held subject to the further order of the United States Circuit Court, and because there was no certificate from the court below as to the distinct question of jurisdiction involved.
It is, indeed, true, as was decided in Carper v. Fitzgerald, 121 U. S. 87, that no appeal lies…
2Cases cited14 opinions
- In Re AyersSupreme Court of the United States · 1887
- In Re SawyerSupreme Court of the United States · 1888
- Taylor v. TaintorSupreme Court of the United States · 1873
- Freeman v. HoweSupreme Court of the United States · 1861
- Buck v. ColbathSupreme Court of the United States · 1866
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3Cited by159 opinions
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