Legal Opinion
Williams v. Hert
U.S. Circuit Court for the District of Indiana
Decided July 25, 1901No. 10,005PublishedCited by 3 opinions
At Law.
1Opinion of the Court
BAKER, District Judge.
'This is an application for a writ of ha-beas corpus. The statute (Rev. St. U. S. 1878, § 755) provides:
“The court, or justice hr judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto.”
• Hence it becomes the duty of the court to examine the petition, and to determine whether the case made by it is sufficient to justify *167the issuance of the writ. It is firmly settled that the writ of habeas corpus cannot be made to perform the office of an appeal or of a writ…
2Cases cited15 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
- Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
- Willamette Iron Bridge Co. v. HatchSupreme Court of the United States · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Atwater v. HassettSupreme Court of Oklahoma · 1910
- Cofield v. FarrellSupreme Court of Oklahoma · 1913