United States ex rel. Scott v. Burdick
Supreme Court Of The Territory Of Dakota
Appeal from YanTdon County District Court. The relator was arrested 00 information charging him with the offense of selling, giving away and disposing of spirituous liquor to an Indian, in charge of an Indian Agent, at the City of Yankton, D. T.; confessedly not in the Indian country, nor on an Indian reservation, said Indian being temporarily absent from his agency.
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Appeal from YanTdon County District Court. The relator was arrested 00 information charging him with the offense of selling, giving away and disposing of spirituous liquor to an Indian, in charge of an Indian Agent, at the City of Yankton, D. T.; confessedly not in the Indian country, nor on an Indian reservation, said Indian being temporarily absent from his agency. After a preliminary examination before a commissioner, the defendant was committed to await the action of the United States grand jury. He then presented his petition to the court below, praying for a writ of habeas corpus, which…
1Opinion of the CourtShannon, C. J.
On the tenth day of July, 1875, James Scott presented his petition to the above named court in term-time, praying for a writ of habeas corpus, to be directed to the *144U, S. marshal, J. EL Burdick. On the same day the writ was granted, and a hearing took place on the following return of the marshal, to-wit:
I hold the person named within in my custody, by virtue of a warrant of commitment made and issued to me by L. Congleton, a U. S. commissioner in and for the Second Judicial District of the Territory of Dakota, dated July 8th, A. D 1875, a certified copy of said warrant of commitment being…
2Cases cited10 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Peck v. JennessSupreme Court of the United States · 1849
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Territory of Montana v. GuyottMontana Supreme Court · 1889
- Alendal v. MadsenSouth Dakota Supreme Court · 1937
- Bordwell v. Mission Hill TownshipSouth Dakota Supreme Court · 1918
- United States v. BeltDistrict Court, M.D. Pennsylvania · 1904