Sibray v. United States ex rel. Plichta

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court discharging the relator on a writ of habeas corpus. The facts, so far as material to this case, are: The relator, who is 39 years of age, immigrated to this country from Czecho-Slovakia in 1889. Between that time and 1914 he returned to his native country two or three times, and at one time remained there about 4 years. In 1914 he went back and served in the Austrian army until 1920, when he returned to this country. He was married in 1905, and his wife had four children, all of whom died. In 1915 his brother, Andreos,…