Legal Opinion

In Re Sawyer

Supreme Court of the United States

Decided January 9, 1888PublishedCited by 430 opinions

ORIGINAL. This was a petition for a writ of habeas corpus, in behalf of the mayor and eleven members of the city council of the city of Lincoln in the State of Nebraska, detained and imprisoned in the jail at Omaha in that ■ state by the marshal of. the United States for the .District of Nebraska, under an order of attachment for contempt, made by the Circuit Court of the United States for that district, under the following circumstances : On September 24, 1887, Albert F.…

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ORIGINAL. This was a petition for a writ of habeas corpus, in behalf of the mayor and eleven members of the city council of the city of Lincoln in the State of Nebraska, detained and imprisoned in the jail at Omaha in that ■ state by the marshal of. the United States for the .District of Nebraska, under an order of attachment for contempt, made by the Circuit Court of the United States for that district, under the following circumstances : On September 24, 1887, Albert F. Parsons presented to the Circuit- Judge a bill in equity against said mayor and councilmen, the whole of which, except the…

1Opinion of the CourtJustice G-eat

The question presented by this petition of the mayor and councihnen of the city of Lincoln for a writ of habeas corpus is whether it was within the jurisdiction and authority of the Circuit' Court of the United States, sitting as a court of equity, to make the order under- which the petitioners are held by the marshal.

Under the Constitution and laws of the United States, the distinction between common law and equity, as existing in *210England at the time of the separation of the two countries, has been maintained, although both jurisdictions are vested in the same courts. Fenn v. Holme, 21 How.…

2Cases cited30 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Watson v. JonesSupreme Court of the United States · 1872
  3. Ex Parte BainSupreme Court of the United States · 1887
  4. In Re AyersSupreme Court of the United States · 1887
  5. Thompson v. WhitmanSupreme Court of the United States · 1874

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3Cited by430 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. United Public Workers of America v. MitchellSupreme Court of the United States · 1947
  5. Betts v. BradySupreme Court of the United States · 1942

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