Hoskins v. Funk
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, judge. Petition by F. W. Funk for writ of habeas corpus against George C. Hoskins and others. From an order made by the judge in vacation, respondents appeal.
1Opinion of the Court
WALKER, Circuit Judge.
The matter sought to be reviewed in this case is an order made by the District Judge in vacation on the hearing of the issues raised by a petition for the writ of habeas corpus and the return thereto. That order is not embraced by the language of the provision of section 128 of the Judicial Code that:
*279“The Circuit Courts of Appeals shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the district courts,” etc.
See Lambert v. Barrett, 167 U. S. 697, 15 Sup. Ct. 722, 39 L. Ed. 865; Carper v. Fitzgerald, 121 U. S. 87, 7 Sup. Ct. 825,…
2Cases cited5 opinions
- Harkrader v. WadleySupreme Court of the United States · 1898
- MacGreal v. TaylorSupreme Court of the United States · 1897
- Carper v. FitzgeraldSupreme Court of the United States · 1887
- Lambert v. Barrett, SheriffSupreme Court of the United States · 1895
- Webb v. YorkCourt of Appeals for the Eighth Circuit · 1896
3Cited by4 opinions
- Craig v. HechtSupreme Court of the United States · 1923
- In re WoodCourt of Appeals for the Second Circuit · 1921
- United States ex rel. Lazarus v. BrownDistrict Court, E.D. Pennsylvania · 1917
- Craig v. HechtSupreme Court of the United States · 1923