In re King
U.S. Circuit Court for the District of Middle Tennessee
At Chambers.1 Application in behalf of H. Clay King for a writ of habeas corpus.
1Opinion of the Court
Jackson, Circuit Judge.
In the consideration of this application there are a few well-settled general principles which should he borne in mind. While the writ of habeas corpus is a writ of right, being the remedy which the law gives for the enforcement of the civil right of personal liberty, it will not issue as a matter of course. Section 755, Rev. St., provides that the court to which the application is made shall forthwith award the writ, “unless it appears from the petition itself that the party is not entitled thereto.” It was accordingly said by the supreme court in Ex parle Terry, 128…
2Cases cited21 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Ex Parte SieboldSupreme Court of the United States · 1880
- NielsenSupreme Court of the United States · 1889
- Ex Parte TerrySupreme Court of the United States · 1888
- Ex Parte YarbroughSupreme Court of the United States · 1884
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3Cited by3 opinions
- Ex Parte Martinez, Jr.Court of Criminal Appeals of Texas · 1912
- Ex parte CollinsDistrict Court, N.D. California · 1906
- In re HausmanDistrict Court, D. Hawaii · 1913