Legal Opinion

Baker v. Grice

Supreme Court of the United States

Decided February 21, 1898No. 336PublishedCited by 183 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This appeal is from an order of the United States Circuit Court for the Northern District of Texas, made upon a return to a writ of habeas corf us, issued by that court to inquire into the cause for the detention of the petitioner, William Grice, who, it was alleged, was unlawfully restrained of his liberty by and held in the custody of J. W. Baker, the sheriff of McLennan County, Texas.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS. This appeal is from an order of the United States Circuit Court for the Northern District of Texas, made upon a return to a writ of habeas corf us, issued by that court to inquire into the cause for the detention of the petitioner, William Grice, who, it was alleged, was unlawfully restrained of his liberty by and held in the custody of J. W. Baker, the sheriff of McLennan County, Texas. After a hearing, the Circuit Court, on the 22d of February, 1897, discharged the petitioner. 79 Fed. Rép. 627. The…

1Opinion of the CourtJustice Peckiiam

The court below had jurisdiction to issue the writ and to decide the questions which were argued before it. Ex parte Royall, 117 U. S. 241; Whitten v. Tomlinson, 160 U. S. 231. In the latter case most of the prior authorities are mentioned. From these cases it clearly appears, as the settled and proper procedure, that while Circuit Courts of the United States have jurisdiction, under the circumstances set forth in the foregoing-statement, to issue the writ of habeas corpus, yet those courts ought not to exercise that jurisdiction by the discharge of a prisoner unless in cases of peculiar…

2Cases cited4 opinions

  1. Ex Parte RoyallSupreme Court of the United States · 1886
  2. In Re NeagleSupreme Court of the United States · 1890
  3. Whitten v. TomlinsonSupreme Court of the United States · 1895
  4. In Re LoneySupreme Court of the United States · 1890

3Cited by183 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  5. Frank v. MangumSupreme Court of the United States · 1915

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