United States v. Mullin
District Court, D. Nebraska
Indictment against John H; Mullin, under Rev. St. § 5398, for unlawfully resisting service of a legal writ, and application by William H. Garrett and John F. Meyers for a writ of habeas corpus. A motion to quash the indictment against Mullin, and the application of Garrett and-Meyers, submitted on the petition, return, and evidence taken before the court, were heard together.
1Opinion of the Court
SHIRAS, District Judge.
The questions involved in these cases are largely the same, and they were argued and submitted at the same lime, and the court will therefore deal with them in the one opinion.
The principal question discussed by counsel is common to both «•ases, and is fairly presented by the motion to quash the indictment in the case against Mullin. There are four counts therein, three of which charge offenses of the same nature, to wit, obstructing and resisting an officer of the United States, to wit, certain Indian policemen, in serving and executing certain legal writs placed in…
2Cases cited6 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- United States v. GermaineSupreme Court of the United States · 1879
- Beecher v. WetherbySupreme Court of the United States · 1877
- United States v. MouatSupreme Court of the United States · 1888
- United States v. ThomasSupreme Court of the United States · 1894
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3Cited by14 opinions
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- United States v. GrayCourt of Appeals for the Eighth Circuit · 1912
- Mason v. SamsDistrict Court, W.D. Washington · 1925
- Janus v. United States Ex Rel. HumphreyCourt of Appeals for the Ninth Circuit · 1930
- Rainbow v. YoungCourt of Appeals for the Eighth Circuit · 1908
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