Legal Opinion
United States Ex Rel. Smith v. Warden of Philadelphia County Prison
District Court, E.D. Pennsylvania
Decided November 9, 1949No. 1334PublishedCited by 18 opinions
1Opinion of the Court
KIRKPATRICK, Chief Judge.
This writ must be discharged for the reason that we have no jurisdiction.
The United States Code, 28 U.S.C.A. § 2241, gives power to the judges of the District" Courts to grant writs of habeas corpus only “within their respective jurisdictions” and the decision of the Supreme Court of the United States in Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898, puts it beyond all question that unless the person confined is within the territorial jurisdiction of the District Court at the time the suit is instituted the court has no power to issue the writ.
The…
2Cases cited2 opinions
- Ahrens v. ClarkSupreme Court of the United States · 1948
- United States Ex Rel. Belardi v. DayCourt of Appeals for the Third Circuit · 1931
3Cited by18 opinions
- United States Ex Rel. Smith v. BaldiSupreme Court of the United States · 1953
- Leona Weber, in Behalf of John R. Zimmerman and Billie Zimmerman, Petitioner v. Rudy Garza, U. S. MarshallCourt of Appeals for the Fifth Circuit · 1978
- United States Ex Rel. Smith v. BaldiCourt of Appeals for the Third Circuit · 1951
- TCF Film Corp. v. GourleyCourt of Appeals for the Third Circuit · 1957
- United States of America Ex Rel. William Van Scoten v. Commonwealth of PaCourt of Appeals for the Third Circuit · 1968
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