McClaughry v. Deming
Supreme Court of the United States
APPEAL EEOM THE CIECUIT COUET FOE THE DISTRICT OF KANSAS. A petition for a writ of habeas corpus was presented to the Circuit Court of the United States for the District of Kansas, First Division, asking that Peter O. Deming, once a captain in the subsistence .department of the Volunteer.
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APPEAL EEOM THE CIECUIT COUET FOE THE DISTRICT OF KANSAS. A petition for a writ of habeas corpus was presented to the Circuit Court of the United States for the District of Kansas, First Division, asking that Peter O. Deming, once a captain in the subsistence .department of the Volunteer. Army of the United States, might be produced by Robert W. McClaughry, the appellant herein, in whose custody Deming was placed, Mc-Claughry being the warden of the United States prison at Fort Leavenworth, Kansas. On the part of Deming it was shown in the petition that he was imprisoned and restrained by…
1Opinion of the CourtJustice Peckham
The grave question in this case relates' to the power of an officer convening a court-martial for the trial of an officer of volunteers, to compose that court entirely of officers of the Regular Army. It is claimed on the part of the respondent herein that a volunteer officer could not be legally tried by s.uch a court, and that to convene and constitute a court-martial so composed, for the trial of a volunteer officer, was a violation of the seventy-seventh article of war, above set forth.
The Circuit Court of Appeals for the Eighth Circuit held, in a very clear and satisfactory opinion, 113…
2Cases cited19 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Carter v. McClaughrySupreme Court of the United States · 1902
- Dynes v. HooverSupreme Court of the United States · 1858
- In Re CoySupreme Court of the United States · 1888
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3Cited by143 opinions
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- Ex Parte QuirinSupreme Court of the United States · 1942
- United States v. BakerUnited States Court of Military Appeals · 1983
- William L. Calley, Jr., Cross-Appellant v. Howard H. Callaway, Etc., Etc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- Alvin W. Dodson, Jr. v. Colonel Gordon N. Zelez, CommandantCourt of Appeals for the Tenth Circuit · 1990
138 more not listed; retrieve them via the Exa API.