In re Hopson
New York Supreme Court
LINUS B. HOPSON presented a petition to Justice Bacon, for a writ of habeas corpus in behalf of Charles E. Hopson, in which he alleged that the said Charles E. Hopson was restrained of his liberty and detained by Joseph P. Bichardson, United States provost marshal for the 21st congressional district of New York, acting at Utica, N. Y. That the said Charles E. Hopson was not committed or detained by virtue of any process, judgment, or decree or execution issued by any court…
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LINUS B. HOPSON presented a petition to Justice Bacon, for a writ of habeas corpus in behalf of Charles E. Hopson, in which he alleged that the said Charles E. Hopson was restrained of his liberty and detained by Joseph P. Bichardson, United States provost marshal for the 21st congressional district of New York, acting at Utica, N. Y. That the said Charles E. Hopson was not committed or detained by virtue of any process, judgment, or decree or execution issued by any court of the United States, or any judge thereof, or by virtue of the final judgment or decree of any competent tribunal of…
1Opinion of the CourtBacon, J.
The question presented and arising upon the return to the writ of habeas corpus issued by me in this case, is admitted to be one of very great interest and grave importance. It involves an apparent if not a real conflict of jurisdiction between the state and national tribunals, and demands serious and careful examination and a calm and enlightened judgment. Until this case reached that stage where the question could be discussed in the light of principle and authority, any opinion expressed in the matter must of necessity have been hasty and in a measure unsatisfying. It was so here, and was…
2Cases cited6 opinions
- Ableman v. BoothSupreme Court of the United States · 1859
- Yates v. LansingNew York Supreme Court · 1810
- In re FergusonNew York Supreme Court · 1812
- In re StacyNew York Supreme Court · 1813
- Commonwealth v. AtwoodMassachusetts Supreme Judicial Court · 1814
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3Cited by9 opinions
- Ex parte HolmanSupreme Court of Iowa · 1869
- Patterson v. StateSupreme Court of New Jersey · 1887
- People ex rel. Starkweather v. GaulNew York Supreme Court · 1865
- State v. WilsonSupreme Court of New Jersey · 1947
- In re ReynoldsDistrict Court, N.D. New York · 1867
4 more not listed; retrieve them via the Exa API.