Ex Parte Rowland
Supreme Court of the United States
Petition for a writ of habeas corpus. This is an application for a writ of habeas corpus■ to procure the discharge of Peter M. Rowland, D. C. Shultze, and R. C. Germany from the custody of the marshal of the United States for the Middle District of Alabama.
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Petition for a writ of habeas corpus. This is an application for a writ of habeas corpus■ to procure the discharge of Peter M. Rowland, D. C. Shultze, and R. C. Germany from the custody of the marshal of the United States for the Middle District of Alabama. The facts, as shown by the return to a rule to show cause heretofore made, may be stated as follows: — On the 31st of December, 1868, the General Assembly of Alabama passed an act to authorize counties, towns, and cities to subscribe to the capital stock of railroad companies. The sections of the act material to the present case are the…
1Opinion of the Court
Mu. Chief Justice Waite,
after stating the case,'delivered the opinion of the court.
• The single question we have to consider on this application is, whether the order of the Circuit Court, made on the 21st of November, is sufficient authority to the marshal for the detention of the persons he holds under it; and that question, as is conceded on both sides, depends entirely-on the power of that court to require the court of county commissioners to do what its members have been held to be in contempt for not doing. If the command of the peremptory writ of mandamus was in all respects such as…
2Cases cited1 opinion
- Ex Parte ParksSupreme Court of the United States · 1876
3Cited by156 opinions
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- Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
- In Re BurrusSupreme Court of the United States · 1890
- Walker v. City of BirminghamSupreme Court of the United States · 1967
- Ex Parte TerrySupreme Court of the United States · 1888
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