Ex Parte Yerger
Supreme Court of the United States
On motion and petition for writs of habeas corpus and certiorari, the case being thus : The Constitution ordains in regard to the judiciary as follows: - “ The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States,” &c.
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On motion and petition for writs of habeas corpus and certiorari, the case being thus : The Constitution ordains in regard to the judiciary as follows: - “ The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States,” &c. “In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The argument, by the direction of the court, was confined to the single point of the jurisdiction of the cou'rt to issue the writ prayed for. We have carefully considered the reasonings which have been addressed to us, and I am now to state the conclusions to which we have come.
The general question of jurisdiction in this case resolves itself necessarily into two other questions:
1. Has the court jurisdiction, in a case like the present, to inquire into the cause of detention, alleged to be unlawful, and to give relief, if the detention be…
2Cases cited2 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Ex Parte BurfordSupreme Court of the United States · 1806
3Cited by232 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- Brown v. AllenSupreme Court of the United States · 1953
- Felker v. TurpinSupreme Court of the United States · 1996
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