United States Ex Rel. Smith v. Warden of Philadelphia County Prison

The relator appeals from the judgment of the District Court for the Eastern District of Pennsylvania discharging a writ of habeas corpus upon the ground that the court had no jurisdiction to issue it. It appears that on the evening of September 23, 1949 counsel for the relator made a telephonic request for the issuance of the writ to one of the judges of the district court at his home. The judge held a hearing at noon on the next day and at 12:45 P.M. issued the writ. At that time the relator was not within the Eastern District of Pennsylvania, having been taken from the Philadelphia County…