Elliott v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the petitioner from an order of the Supreme Court of the District of Columbia overruling a dermirrer to a return to a writ of habeas corpus, dismissing the petition for the writ, and remanding the petitioner to custody.
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Hearing on an appeal by the petitioner from an order of the Supreme Court of the District of Columbia overruling a dermirrer to a return to a writ of habeas corpus, dismissing the petition for the writ, and remanding the petitioner to custody. The Court in the opinion stated the case as follows: This appeal is from an order of Mr. Justice Wright passed while holding a special term of the supreme court of the District of Columbia as a probate court, overruling a demurrer to the' return to a writ of habeas corpus made returnable before him, and dismissing the petition for said writ, and…
1DissentJustice Shepard
T am unable to concur in the discharge of the petitioner, for reasons which I will state briefly.
1. I think the better practice in a case like this would be for the justice issuing the writ to make it returnable before himself, but I cannot agree that he has no power to make it returnable before another. The sections of the Code relating thereto must be considered in connection with § 62, which provides, among other things, that “any cause may be certified by any justice to another justice to be heard or tried by the latter.”
In my opinion, granting the writ and making it returnable before…
2Cases cited6 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- White v. StateSupreme Court of Alabama · 1888
- Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
- Gower v. EmerySupreme Judicial Court of Maine · 1841
- Commonwealth v. BaconMassachusetts Supreme Judicial Court · 1883
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