Legal Opinion

Craemer v. Washington

Supreme Court of the United States

Decided October 25, 1897No. 466PublishedCited by 68 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. This was apt appeal from a final order of the Circuit Court of the United States for the District of Washington refusing a writ of habeas corpus on the face of the petition therefor.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WASHINGTON. This was apt appeal from a final order of the Circuit Court of the United States for the District of Washington refusing a writ of habeas corpus on the face of the petition therefor. The petition averred that Henry Craemer, the petitioner, was a citizen of the United States, residing in the county of King in the State of Washington ; that he was unlawfully held in custody by the sheriff of that county, who was about to take his life, under certain alleged process and authority, “ wholly without authority of…

1Opinion of the CourtChief Justice FhlleR

Under existing statutory provisions appeals may be taken to this court from final decisions of the Circuit Courts in habeas corpus, in oases, among others, where the applicant for the writ is alleged to be restrained of his liberty in violation of the Constitution or of some law or treaty of the United States, and if the restraint is by. any state court or by or under the authority of any State, further proceedings cannot be had against him pending the appeal. Rev. Stat. §§ 763, 764, 766; act of March 3, 1885, c. 353, 23 Stat. 437.

Such being the law, it has happened in numerous instances that…

2Cases cited3 opinions

  1. Whitten v. TomlinsonSupreme Court of the United States · 1895
  2. Butler v. EatonSupreme Court of the United States · 1891
  3. Kohl v. LehlbackSupreme Court of the United States · 1895

3Cited by68 opinions

  1. Low Wah Suey v. BackusSupreme Court of the United States · 1912
  2. Hyde v. ShineSupreme Court of the United States · 1905
  3. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  4. Terlinden v. AmesSupreme Court of the United States · 1902
  5. Pierce v. CreecySupreme Court of the United States · 1908

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