King v. McLean Asylum of the Massachusetts General Hospital
Court of Appeals for the First Circuit
TMs was a petition by William H. King (by Caleb Eaton, Ms next friend) for a writ of babeas corpus. The circuit court discharged the writ, and remanded the prisoner to the custody of the McLean Asylum of the Massachusetts General Hospital. Petitioner appealed, pending which he petitioned for a process of contempt, on the ground that he had been removed to an asylum in another district.
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TMs was a petition by William H. King (by Caleb Eaton, Ms next friend) for a writ of babeas corpus. The circuit court discharged the writ, and remanded the prisoner to the custody of the McLean Asylum of the Massachusetts General Hospital. Petitioner appealed, pending which he petitioned for a process of contempt, on the ground that he had been removed to an asylum in another district. The contempt proceedings were dismissed (64 Fed. 325), and the cause is now before the court on final hearing.
1Opinion of the Court
PUTNAM, Circuit Judge.
The opinion filed in tMs case June 4, 1894 (64 Fed. 325), disposed of the question of the jurisdiction of this court, and also of that of the jurisdiction of the circuit court, so far as the latter relates to any alleged restraint contrary to the constitution or laws of the United States, but left open the question of its jurisdiction, so far as based on the diverse citizenship of the parties to the petition. We must dispose of tMs, because it is necessary to determine whether we should affirm or reverse, or only direct the circuit court to dismiss.
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