Mackenzie v. Barrett
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. On motion to dismiss appeal.
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. On motion to dismiss appeal. The petition. in the Circuit Court showed that Mackenzie, a resident of the State of Idaho, defendant to a suit by his wife in the Circuit Court of Cook County, Illinois, for separate maintenance, was arrested on a certain writ of Ne Exeat issued out of said court in said suit, commanding that if the said Mackenzie should fail to give bail according to the provisions of the statute of Illinois, in the sum of ten thousand dollars, to appear before the…
1Opinion of the CourtGrosscup, Circuit Judge
Whether appellant, on the record made, is entitled to the writ of habeas corpus prayed for, is not a question now before the court. The question presented and argued at this time is: Whatever may have been appellant’s right to the writ, has his suit therefor abated by the fact of his giving bond, thereby being released from actual custody pending the appeal.
The cause of action embodied in a habeas corpus proceeding can only be said to have abated, by the giving of bail pending the appeal, in case a writ in the first instance would lie for actual detention only, and would not lie for what may…
2Cases cited6 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Wales v. WhitneySupreme Court of the United States · 1885
- Ex Parte BaezSupreme Court of the United States · 1900
- In re GriceU.S. Circuit Court for the District of Texas · 1897
- Cosgrove v. WinneySupreme Court of the United States · 1899
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3Cited by17 opinions
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
- Sharon Mitchell v. City of Elgin, IllinoisCourt of Appeals for the Seventh Circuit · 2019
- Grant v. GuernseyCourt of Appeals for the Tenth Circuit · 1933
- Manuel Lee Matysek v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- Oehme v. JohnsonSupreme Court of Minnesota · 1930
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