Mahoney v. Johnston

DENMAN, Circuit Judge.

This is an appeal from an order of the district court dismissing appellants’ petition below for a writ of habeas corpus to be addressed to the appellee. The appellee moved to dismiss the petition on the ground it fails to state facts sufficient to warrant the issuance of the writ. An order to show cause why the appellee’s motion should not be granted was issued. The motion was granted and this appeal followed.

The petition here cannot be disposed of on the merits of the summary manner of Storti v. Commonwealth of Massachusetts, 183 U.S. 138, 143, 22 S.Ct. 72, 46 L.Ed.…