In re Buell
U.S. Circuit Court for the District of Eastern Missouri
[Appeal from the district court of the United states for the eastern district of Missouri.] This is an appeal by the United States from an order made by the Hon. Samuel Treat, judge of the district court of the United States for the eastern district of Missouri, on the 9th day of March, 1875, in a proceeding by habeas corpus [unreported], discharging Augustus C. Buell from the custody of the marshal for said district, and refusing, on the motion of the district attorney, to…
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[Appeal from the district court of the United states for the eastern district of Missouri.] This is an appeal by the United States from an order made by the Hon. Samuel Treat, judge of the district court of the United States for the eastern district of Missouri, on the 9th day of March, 1875, in a proceeding by habeas corpus [unreported], discharging Augustus C. Buell from the custody of the marshal for said district, and refusing, on the motion of the district attorney, to issue a warrant for the removal of the said Buell for trial to the District of Columbia. The material facts are these:…
1Opinion of the Court
DILLON, Circuit Judge.
In the argument before me, the counsel for Mr. Buell has not *588maintained that the matter charged in the indictment to have been composed and published by him concerning Mr. Chandler is not in its nature libellous, and there is no doubt that it is so. Nor has the counsel ior Mr. Buell controverted the position that for a libel composed and published in the District of Columbia the offender may be there indicted and punished as for an offense against the laws of the United States. And of this opinion was the learned judge of the district court — that opinion resting upon…
2Cited by23 opinions
- In re GreeneU.S. Circuit Court for the District of Ohio · 1892
- United States v. DanaDistrict Court, S.D. New York · 1895
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1902
- Price v. McCartyCourt of Appeals for the Second Circuit · 1898
- Ex parte RickeyNevada Supreme Court · 1909
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