In re Kemp
Wisconsin Supreme Court
HABEAS CORPUS. On the 4th day of December, 1862, a writ of Habeas Corpus was it-sued out of this court and directed to Greneral W. L. Elliott, commanding the department of the North West, requiring him to have the body of Nicholas Kemp, with the time and cause of his imprisonment before the ' court on the 16th day of December, 1862, to do and receive, &e.
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HABEAS CORPUS. On the 4th day of December, 1862, a writ of Habeas Corpus was it-sued out of this court and directed to Greneral W. L. Elliott, commanding the department of the North West, requiring him to have the body of Nicholas Kemp, with the time and cause of his imprisonment before the ' court on the 16th day of December, 1862, to do and receive, &e. This writ was issued on the petition of John Deidrich, on behalf of said Nicholas Kemp, alleging among other things, his imprisonment at Camp Randall, in said State, by Brigadier General W. L. Elliott, and that the cause of the arrest and…
1Opinion of the CourtDixon, C. J.
The questions presented on this 'application are of the utmost delicacy and importance; and I cannot but express the regret, which I have always felt and which I feel now more than ever, that Congress has not, in the exercise of cits undoubted power, (5 Wheat., 25, 71), withdrawn from the jurisdiction of the state courts, and committed to the exclusive . decision of the federal courts, all cases arising under the constitution and laws of the United States. In times past this *366omission has been the source of many perplexities, and some most unpleasant collisions between the courts of the two…
2Cases cited2 opinions
- Houston v. MooreSupreme Court of the United States · 1820
- Smith v. ShawNew York Supreme Court · 1815
3Cited by21 opinions
- Petition of BreidenbachWisconsin Supreme Court · 1934
- In re MoyerSupreme Court of Colorado · 1905
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Territory ex rel. Smith v. ScottSupreme Court Of The Territory Of Dakota · 1884
- In re McDonaldMontana Supreme Court · 1914
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