Ex parte Fonda, Petitioner. Filed

Decision Date05 April 1886
Citation29 L.Ed. 994,6 S.Ct. 848,117 U.S. 516
PartiesEx parte FONDA, Petitioner. Filed
CourtU.S. Supreme Court

[Statement of Case from pages 517-518 intentionally omitted] Wm. E. Earle, for petitioner.

WAITE, C. J.

This motion is denied on the authority of Ex parte Royall, ante, 734, 742. No reason is suggested why the supreme court of the state may not review the judgment of the circuit court of the county upon the question which is raised as to the application of the statute, under which the conviction has been had, to embezzlements by the servants and clerks of national banks, nor why it should not be permitted to do so without interference by the courts of the United States. The question appears to be one which, if properly presented by the record, may be reviewed in this court after a decision by the supreme court adverse to the petitioner. The case, as made by the motion papers, is not one which, under the principles settled in Royall's Case, requires this court to act in advance of the orderly course of proceeding for a review of the judgment by writ of error.

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  • Darr v. Burford
    • United States
    • U.S. Supreme Court
    • April 3, 1950
    ... ... John B. Ogden, of Oklahoma City, Okl., for petitioner ...           Mr. Mac Q. Williamson and Mr. Sam H ...           Petitioner then filed in the United States District Court for the Eastern District of Oklahoma ... Ex parte Royall, 11 decided in 1886, held that a federal district court had ... court the doctrine was advanced to its next stage, for in Ex parte Fonda, 14 the prisoner sought his federal relief in this Court after his state ... ...
  • Braden v. 8212 6516
    • United States
    • U.S. Supreme Court
    • February 28, 1973
    ...Drury v. Lewis, 200 U.S. 1, 26 S.Ct. 229, 50 L.Ed. 343 (1906) (custody alleged to violate Supremacy Clause). Cf. Ex parte Fonda, 117 U.S. 516, 6 S.Ct. 848, 29 L.Ed. 994 (1886); In re Duncan, 139 U.S. 449, 11 S.Ct. 573, 35 L.Ed. 219 (1891); In re Wood, 140 U.S. 278, 11 S.Ct. 738, 35 L.Ed. 50......
  • Fay v. Noia, 84
    • United States
    • U.S. Supreme Court
    • March 18, 1963
    ...state authorities which, if true, would have enabled the federal court to act on the application immediately. E.g., Ex parte Fonda, 117 U.S. 516, 6 S.Ct. 848, 29 L.Ed. 994; Cook v. Hart, 146 U.S. 183, 13 S.Ct. 40, 36 L.Ed. 934; New York v. Eno, 155 U.S. 89, 15 S.Ct. 30, 39 L.Ed. 80. As stat......
  • United States v. Fay
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 7, 1962
    ...an original petition brought after trial but before the petitioner had appealed to the state supreme court. Ex parte Fonda, 117 U.S. 516, 6 S.Ct. 848, 29 L.Ed. 994 (1886). The United States Supreme Court found no obstacle preventing the defendant in that case from first appealing to the hig......
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