Legal Opinion

Tiberg v. Warren

Court of Appeals for the Ninth Circuit

Decided December 4, 1911No. 1,963PublishedCited by 21 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. Habeas corpus proceeding by Johan Tiberg, also known as Edwin Johansen, against Joseph F. Warren, Special Agent of the Department of Justice, and another. From ⅛ judgment remanding petitioner to custody, he appeals. This is a proceeding by habeas corpus instituted by Johan Tiberg, also named Edwin Johansen, to procure his rele'ase from custody.

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Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. Habeas corpus proceeding by Johan Tiberg, also known as Edwin Johansen, against Joseph F. Warren, Special Agent of the Department of Justice, and another. From ⅛ judgment remanding petitioner to custody, he appeals. This is a proceeding by habeas corpus instituted by Johan Tiberg, also named Edwin Johansen, to procure his rele'ase from custody. His petition was filed in the circuit court, and sets forth in brief that- he is unlawfully 'restrained of his liberty by Robert T.…

1Opinion of the Court

WOLVERTON, District judge

(after stating the facts as above). [1, 2] The first contention of counsel for appellant is that the Circuit Court erred in permitting the appellees to file the supplemental return, for the reason that the cause had been disposed of by final judgment and the petitioner discharged.

It is not entirely clear from the transcript of record just what the procedure was. The order for petitioner’s discharge was made and entered December 1, 1910. The supplemental return was verified on December 12, 1910, and filed the same day. The prayer is that the previous order discharging…

2Cases cited7 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Roberts v. ReillySupreme Court of the United States · 1885
  3. Bronson v. SchultenSupreme Court of the United States · 1882
  4. Ex Parte ReggelSupreme Court of the United States · 1885
  5. Basset v. United StatesSupreme Court of the United States · 1870

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

3Cited by21 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Banister v. DavisSupreme Court of the United States · 2020
  3. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  4. Simpson v. United StatesCourt of Appeals for the Ninth Circuit · 1916
  5. Hunter v. ThomasCourt of Appeals for the Tenth Circuit · 1949

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