In re Lancaster et al

Decision Date05 December 1890
Citation11 S.Ct. 117,34 L.Ed. 713,137 U.S. 393
PartiesIn re LANCASTER et al
CourtU.S. Supreme Court

A. O. Bacon and Washington Dessau, for petitioners.

[Argument of Counsel from page pages 394-395 intentionally omitted]

FULLER, C. J.

The petitioners were indicted, under sections 5508 and 5509 of the Revised Statutes, on the 20th of November, 1890, in the circuit court for the southern district of Georgia, and have been taken into custody. They have not invoked the action of the circuit court upon the sufficiency of the indictment by a motion to quash or otherwise, but ask leave to file in this court a petition for a writ of habeas corpus, upon the ground that the matters and things set forth and charged do not constitute any offense or offenses underth e laws of the United States, or cognizable in the circuit court, and that for other reasons the indictment cannot be sustained. In this posture of the case we must decline to interfere. The application for leave to file the petition is denied.

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22 cases
  • In re Application of Henderson for Writ of Habeas Corpus
    • United States
    • North Dakota Supreme Court
    • February 17, 1914
    ... ... 538, 11 Ann. Cas. 1049 ...          The ... remedy of habeas corpus can only be invoked when there is no ... other remedy. 21 Cyc. 285; Ex parte Walpole, 85 Cal. 362, 24 ... P. 657; State ex rel. Nixon v. Second Judicial Dist ... Ct. 14 Mont. 396, 40 P. 66; Re Lancaster, 137 U.S. 393, ... 34 L.Ed. 713, 11 S.Ct. 117; Bass v. Hightower, 94 ... Ga. 602, 21 S.E. 592; Ex parte Wilson, 6 Cranch, 52, 3 L.Ed ...          The ... proper place to question the validity of an arrest, under the ... arrest and bail statute, where the security of the ... ...
  • Bens v. United States
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 30, 1920
    ... ... issue unless the court, under whose warrant the petitioner ... is held, is without jurisdiction, and that it cannot be ... used to correct errors.' ... And see ... In re Huntington, 137 U.S. 63, 11 Sup.Ct. 4, 34 ... L.Ed. 567; In re Lancaster, 137 U.S. 393, 11 Sup.Ct ... 117, 34 L.Ed. 713; Ex parte Mirzan, 119 U.S. 584, 7 Sup.Ct ... 341, 30 L.Ed. 513 ... In ... Riggins v. United States, 199 U.S. 547, 548, 26 ... Sup.Ct. 147, 148 (50 L.Ed. 303) Chief Justice Fuller said: ... 'It ... is settled that the writ of ... ...
  • Overholser v. Treibly
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • February 20, 1945
    ...of a commission shall not be oftener than once in six months; see also D.C.Code (1940) § 32 — 618. 9 See In re Lancaster, 137 U.S. 393, 11 S.Ct. 117, 34 L.Ed. 713; In re Lincoln, 202 U.S. 178, 26 S.Ct. 602, 50 L. Ed. 984; Hamilton v. Henderson, 232 Mo.App. 1234, 1238, 117 S.W.2d 379, 382; I......
  • In re Greene
    • United States
    • U.S. District Court — Southern District of Ohio
    • August 4, 1892
    ... ... States, that if the indictment is insufficient it must be met ... by a motion to quash, or some other appropriate proceeding in ... the court in which it is pending, and whose action would be ... subject to review; and the case of In re Lancaster, ... 137 U.S. 393, 11 S.Ct. 117, is relied on to support his ... contention that under habeas corpus proceedings the ... sufficiency of the indictment should not be inquired into. We ... do not understand that ... [52 F. 107] ... decision as laying down any such general proposition as ... ...
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