Commonwealth ex rel. Smith v. Butler
Superior Court of Pennsylvania
Appeal, No. 5, Oct. T., 1902, by-defendant, from order of Q. S. Phila. Co., discharging relator in habeas corpus proceedings in the matter of Commonwealth ex rel. Philip Wade Smith v. Captain Smedley D. Butler. Habeas corpus proceedings.
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Appeal, No. 5, Oct. T., 1902, by-defendant, from order of Q. S. Phila. Co., discharging relator in habeas corpus proceedings in the matter of Commonwealth ex rel. Philip Wade Smith v. Captain Smedley D. Butler. Habeas corpus proceedings. The action of the court below was on a writ of habeas corpus issued by that court for the production of the body of one Philip Wade Smith, who was alleged to have been restrained of his liberty by Captain Smedley D. Butler, in the command of the marine corps situate in Philadelphia county and alleging that the said Philip Wade Smith was nineteen years of age…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is urged that no appeal lies from an order discharging the relator under a writ of habeas corpus. The appellee’s counsel cites in support of this proposition: Russell v. Commonwealth, 1 P. & W. 82, Clark v. Commonwealth, 29 Pa. 129, Commonwealth v. Kryder, 1 Penny. 143, and Commonwealth v. Blatt, 165 Pa. 213. In the first mentioned case it is stated by the reporter that the writ was quashed on the ground that no writ of error will lie to remove a judgment upon a habeas corpus. This was far from deciding that the action of the lower court as disclosed by the record…
2Cases cited13 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Robb v. ConnollySupreme Court of the United States · 1884
- Clark v. CommonwealthSupreme Court of Pennsylvania · 1858
- Commonwealth ex rel. Parker v. BlattSupreme Court of Pennsylvania · 1895
- Doyle v. Commonwealth ex rel. DavisSupreme Court of Pennsylvania · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
- Commonwealth Ex Rel. Master v. BaldiSuperior Court of Pennsylvania · 1949
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Commonwealth Ex Rel. Master v. BaldiSuperior Court of Pennsylvania · 1950
- Commonwealth v. SeechristSuperior Court of Pennsylvania · 1905
4 more not listed; retrieve them via the Exa API.