Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, Sheriff

TUTTLE, Circuit Judge:

Twenty two years before Congress in 1867 first authorized federal courts to entertain writs of habeas corpus on behalf of state prisoners, Ex parte Partington, 13 M. & W. 679, 683-84, 153 Eng.Rep. 284., 286 (Ex. 1845), described a particularly persistent habeas petitioner:

“This case had already been before the Court of Queen’s Bench, on the return of a habeas corpus, and before my Lord Chief Baron at chambers, on a subsequent application for a similar writ. In both instances the discharge was refused. The defendant, however, has a right to the opinion of every court as…