Legal Opinion

Pierce v. Creecy

Supreme Court of the United States

Decided June 1, 1908No. 357PublishedCited by 142 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This is an appeal directly to this court from a judgment of the Circuit Court upon a writ of habeas corpus, remanding the petitioner, now appellant, to the custody of the respondent, now appellee.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This is an appeal directly to this court from a judgment of the Circuit Court upon a writ of habeas corpus, remanding the petitioner, now appellant, to the custody of the respondent, now appellee. The petition for the writ of habeas corpus alleges that the petitioner was “imprisoned, detained, confined and restrained of his liberty, at the city of St. Louis, within the district aforesaid, by Edmund P. Creecy, the chief of police of said . city of St. Louis, in violation of the laws and Constitution of the…

1Opinion of the Court

Mr. Justice Moody;

after making the foregoing statement, delivered the opinion of the court.

The first inquiry must be whether there is jurisdiction of this appeal, which was taken from the Circuit Court directly to this court. Since the passage of the act establishing the Circuit Court of Appeals (26 Stat. 826), appeals in habeas corpus cases from the District and Circuit Courts can only be taken to the Circuit Court of Appeals, unless they are of the kind specified in §. 5 of the act, wherein a direct appeal to this court is allowed. In re Lennon, 150 U. S. 393. Of the latter class is “ any…

2Cases cited12 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Motes v. United StatesSupreme Court of the United States · 1900
  3. Boske v. ComingoreSupreme Court of the United States · 1900
  4. Munsey v. CloughSupreme Court of the United States · 1905
  5. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903

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3Cited by142 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. Michigan v. DoranSupreme Court of the United States · 1978
  3. Strassheim v. DailySupreme Court of the United States · 1911
  4. Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
  5. Drew v. ThawSupreme Court of the United States · 1914

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