Murray v. United States, 223.
| Citation | 273 F. 522 |
| Decision Date | 27 April 1921 |
| Docket Number | 223. |
| Parties | MURRAY v. UNITED STATES. |
| Court | U.S. Court of Appeals — Second Circuit |
Robert M. Moore, of Malone, N.Y., for plaintiffs in error.
Leroy W. Ross, U.S. Atty., of Brooklyn, N.Y. (Henry J. Walsh, Asst. U.S. Atty., of Brooklyn, N.Y., of counsel), for the United States.
Before WARD, ROGERS, and HOUGH, Circuit Judges.
This is an appeal from an order of Judge Garvin, under section 1014, U.S. Revised Statutes (Comp. St. Sec. 1674), removing the defendants to the Eastern district of North Carolina for trial under an indictment charging them with conspiring to commit an offense against the United States.
If the order is to be regarded as a step in the cause, it is interlocutory, and therefore not appealable, under section 128 of the Judicial Code (Comp. St. Sec. 1120). Coastwise Lumber & Supply Co. v. United States, 259 F. 847, 170 C.C.A. 647. If it is to be regarded as an independent proceeding, the only relief is, and by long-established practice has been, by writ of habeas corpus. This is concededly the first proceeding by appeal of which there is any knowledge.
Appeal dismissed.
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...770, 47 S.Ct. 764, 71 L.Ed. 1331; Sawyer v. United States, 5 Cir., 297 F. 222; Fries v. United States, 9 Cir., 284 F. 825; Murray v. United States, 2 Cir., 273 F. 522. Galloway urges, however, that the standards of finality for an order from which an appeal may be taken as established in Co......
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...for the removal? A preliminary question, however, arises: Has this court jurisdiction by virtue of the writs of error? In Murray v. United States, 273 F. 522, the Circuit Court of Appeals of the Second Circuit held an order of removal not appealable, because it was not a final order. The co......
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Ex parte Salinger, 206.
...288 F. 752 Ex parte SALINGER. No. 206.United States Court of Appeals, Second Circuit.March 13, 1923 [288 F. 753] ... jurisdiction, is the only remedy. Murray v. United States ... (C.C.A.) 273 F. 522 ... It ... follows ... ...
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