Legal Opinion

In re Craig

U.S. Circuit Court for the District of Kansas

Decided June 6, 1895PublishedCited by 7 opinions

In the matter of the application of Edward Graig for a writ of habeas corpus.

1Opinion of the Court

THAYER, Gircuit Judge.

The applicaiion for a writ of habeas corpus in behalf of Edward Graig is not “signed by the person for whose relief it is intended,” as section 754 of the Revised Statutes requires; neither does the petition for the writ affirmatively show that the application is made at his instance or request. This fact, alone, would justify a refusal of the writ; but, inasmuch as the application is probably made with the full knowledge of the prisoner, and as there is no reason to doubt that his signature to the petition *970could be readily obtained, I have deemed it expedient to…

2Cases cited1 opinion

  1. In re BogartU.S. Circuit Court for the District of California · 1873

3Cited by7 opinions

  1. Leona Weber, in Behalf of John R. Zimmerman and Billie Zimmerman, Petitioner v. Rudy Garza, U. S. MarshallCourt of Appeals for the Fifth Circuit · 1978
  2. O'MALLEY v. HiattDistrict Court, M.D. Pennsylvania · 1947
  3. Mosher v. HudspethCourt of Appeals for the Tenth Circuit · 1941
  4. John Lee v. Paul J. Madigan, Warden, Federal Penitentiary, Alcatraz, CaliforniaCourt of Appeals for the Ninth Circuit · 1957
  5. Roland E. Simcox v. Paul J. Madigan, Warden, Federal Penitentiary, Alcatraz, CaliforniaCourt of Appeals for the Ninth Circuit · 1962

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