Peters v. United States ex rel. Kelley
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Illinois. Habeas corpus by the United States, on the relation of Annie Kelley, against J. M. Peters, Sheriff of Champaign County, Illinois. Erom an order discharging petitioner from custody (1'66 Fed. 613), respondent appeals. After relatrix was adjudged a bankrupt by the court below, and before she was discharged, appellant as sheriff took her into custody under an execution against her body.
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Appeal from the District Court of the United States for the Eastern District of Illinois. Habeas corpus by the United States, on the relation of Annie Kelley, against J. M. Peters, Sheriff of Champaign County, Illinois. Erom an order discharging petitioner from custody (1'66 Fed. 613), respondent appeals. After relatrix was adjudged a bankrupt by the court below, and before she was discharged, appellant as sheriff took her into custody under an execution against her body. The execution was issued by virtue of a judgment entered against her in favor of Michael Burke by the circuit court of…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). If the District Court and this court were at liberty to inquire de novo into the question whether relatrix inflicted a willful and malicious injury upon the person of her 11 year old pupil, a fair answer could not be given from this record. Relatrix and her witnesses gave their present version of her side of the story (some of them admitting on cross-examination that they were adding matters not testified to by them in the state court); but the boy and his witnesses did not attend the hearing in the District Court. We could not properly pass upon the truth…
2Cases cited12 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- In Re LennonSupreme Court of the United States · 1897
- Boynton v. BallSupreme Court of the United States · 1887
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3Cited by36 opinions
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Wellman v. MeadSupreme Court of Vermont · 1919
- Harrison v. DonnellyCourt of Appeals for the Eighth Circuit · 1946
- Greene v. LaneCourt of Appeals for the Seventh Circuit · 1937
- In Re De LauroDistrict Court, D. Connecticut · 1932
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