Kurtz v. Moffitt
Supreme Court of the United States
IN ERROR TO THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO AND STATE OF CALIFORNIA. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA.
Read the full summary
IN ERROR TO THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO AND STATE OF CALIFORNIA. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. A writ of habeas corpus is not removable from a State court into a Circuit Court of the United States under the act of March 3, 1875, ch. 137, § 2. A police officer of a State, or a private citizen, has no authority as such, without any warrant or military order, to arrest and detain a deserter from the army of the United States. A writ of habeas corpus was issued on April 8,1885, by and returnable before a judge of…
1Opinion of the CourtJustice Gray
After stating the facts in the language reported above, he continued:
The first question to be considered is whether this case was rightly remanded to the State court, or should have been retained and decided in the Circuit Court of the United States, into which' it had been removed on a petition filed under the actvof March 3, 1875, ch. 137, § 2. .
In order to justify the removal of a case from a State court into the Circuit Court under this act,- it is not enough that it arises under the Constitution and laws of the United States, or that it is between citizens of different States, but it…
2Cases cited22 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Ex Parte WilsonSupreme Court of the United States · 1885
- Wales v. WhitneySupreme Court of the United States · 1885
- United States v. FreemanSupreme Court of the United States · 1845
- Ex Parte YergerSupreme Court of the United States · 1869
17 more not listed; retrieve them via the Exa API.
3Cited by196 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Gerstein v. PughSupreme Court of the United States · 1975
- Fay v. NoiaSupreme Court of the United States · 1963
- United States v. WatsonSupreme Court of the United States · 1975
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
191 more not listed; retrieve them via the Exa API.