Legal Opinion · Concurrence

In re Neagle

U.S. Circuit Court for the District of Northern California

Decided September 16, 1889PublishedCited by 14 opinions

Habeas Corpus. This is an application for the discharge of David Neagle upon a writ of habeas corpms. It arises out of the following facts: On the third of September, 1888, certain cases were pending in the circuit court of the United States for the Northern district of California, between Frederick W. Sharon, as executor, against David S. Terry and Sarah Althea Terry, his wife, and between Francis G. Newlands, as trustee, and others, against the same parties, on demurrers…

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Habeas Corpus. This is an application for the discharge of David Neagle upon a writ of habeas corpms. It arises out of the following facts: On the third of September, 1888, certain cases were pending in the circuit court of the United States for the Northern district of California, between Frederick W. Sharon, as executor, against David S. Terry and Sarah Althea Terry, his wife, and between Francis G. Newlands, as trustee, and others, against the same parties, on demurrers to bills to revive and carry into execution the final decree of the court in the suit of William Sharon v. Sarah Allhea…

1Concurrence

Sawyer, J.,

(Sabin, D. J., concurring.') The petitioner has sued out a writ of habeas corpus, returnable before the court, alleging that he is unlawfully deprived of his liberty and imprisoned by virtue of a warrant issued by a justice of the peace of San Joaquin county, in this state, charging him with a felonious homicide, while the act thus characterized was a lawful act performed in the discharge of his duties as an officer of the United States; and the first question presented is whether this court has jurisdiction to inquire into the truth of that allegation.

Upon the question of…

2Cases cited24 opinions

  1. Ex Parte RoyallSupreme Court of the United States · 1886
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Ex Parte SieboldSupreme Court of the United States · 1880
  4. The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
  5. Ex Parte TerrySupreme Court of the United States · 1888

19 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Ex parte SteeleDistrict Court, N.D. Alabama · 1908
  2. United States ex rel. Carapa v. CurranCourt of Appeals for the Second Circuit · 1924
  3. United States v. Howard Krapf, Doing Business as Krapf Trucking ServiceCourt of Appeals for the Third Circuit · 1961
  4. Humphrey v. Bankers Mortg. Co. of Topeka, Kan.Court of Appeals for the Tenth Circuit · 1935
  5. Bens v. United StatesCourt of Appeals for the Second Circuit · 1920

9 more not listed; retrieve them via the Exa API.

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