McKnight v. James
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE STATE OF OHIO FOR THE SECOND JUDICIAL CIRCUIT. This proceeding was begun by a petition in habeas corpus to the circuit court of Franklin County, Ohio, setting forth that the.petitioner McKnight was unlawfully deprived of his liberty in the Ohio penitentiary, under a certificate of sentence of the court of common pleas of Wood County, for the crime of forgery.
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ERROR TO THE CIRCUIT COURT OF THE STATE OF OHIO FOR THE SECOND JUDICIAL CIRCUIT. This proceeding was begun by a petition in habeas corpus to the circuit court of Franklin County, Ohio, setting forth that the.petitioner McKnight was unlawfully deprived of his liberty in the Ohio penitentiary, under a certificate of sentence of the court of common pleas of Wood County, for the crime of forgery. Petitioner charged that there was no judgment or sentence authorizing such certificate; that the same was therefore void, and said imprisonment without legal authority, and without due process of law.…
1Opinion of the CourtJustice Brown
As, under Bev. Stat. § 709, a writ of error will go from this court only to the final, judgment of the highest court of the State in which a decision in the suit can be had, it is evident that our jurisdiction in this case cannot be sustained, unless an order of a judge at chambers remanding a prisoner in a habeas corpus proceeding, can be regarded as an order of a “ court ” within the meaning of this section.
We held, however, in Carper v. Fitzgerald, 121 U. S. 87, that an appeal did not lie to this court from an order of- a Circuit Judge of the United States,, sitting as a judge and not as a…
2Cases cited1 opinion
- Carper v. FitzgeraldSupreme Court of the United States · 1887
3Cited by13 opinions
- Betts v. BradySupreme Court of the United States · 1942
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- In Re Skelton Lead & Zinc Co.'s Gross Production Tax for 1919Supreme Court of Oklahoma · 1921
- Carter v. GearHawaii Supreme Court · 1904
- Lambert v. BarrettSupreme Court of the United States · 1895
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