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" The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States... "
Annual Report of the American Bar Association: Including Proceedings of the ... - Page 256
by American Bar Association - 1883
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 pages
...Chief Justices, ch. 35 ; 15 Hansard's Debates, 897 et seq. prisoners in jail, unless where they were in custody under or by color of the authority of the United States, or were committed to trial before some court of the same, or were necessary to be brought into court to...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 16

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 892 pages
...proviso in the 14th section was considered as restricting the jurisdiction to cases where a prisoner is " in custody under or by color of the authority of the United States, or das been committed for trial before some court of the same, or is necessary to be brought into court...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 8; Volume 75

United States. Supreme Court - 1870 - 738 pages
...imprisonment after conviction, under sentences .of competent tribunals; nor to prisoners in jail, unless in custody under or by color of the authority of the United States, or committed for trial before some court of the United States, or required to be brought into court to...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - 1870 - 736 pages
...In the Matter of WH Winder, Petitioner, 89. 2. But where probable ground is shown that the party is in custody under or by color of the authority of the United States, and is imprisoned without just cause, anil therefore hag a right to be delivered, the writ of habeas...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 73

United States. Supreme Court - 1870 - 840 pages
...lies. Under the act of 1789, power was given to issue writs of habeas corpus for the relief of persons in custody " under or by color of the authority of the United States." McCardle was in prison exactly under such authority. Here, then, is a case coming within the very terms...
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Reports of Decisions Rendered in the Circuit and District Courts ..., Volume 1

United States. Circuit Courts, Benjamin Vaughan Abbott - 1870 - 670 pages
...corpus. I think they still have the right to inquire into the cause of commitment of any one who is in custody under or by color of the authority of the United States. I regard the act of 1862 as simply furnishing a rule of evidence. I treat the " oath of enlistment...
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Reports of Decisions Rendered in the Circuit and District Courts ..., Volume 2

United States. Circuit Courts, Benjamin Vaughan Abbott - 1871 - 648 pages
...writs of habeas corpus for the purpose of an inquiry into the cause of commitment. Provided, that writs of habeas corpus shall in no case extend to prisoners...by color of the authority of the United States, or committed for trial before some Greathouse's Case. court of the same, or necessary to be brought into...
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A Treatise on the Criminal Law of the United States, Volume 1

Francis Wharton - 1874 - 834 pages
...cause of commitment : providing, however, that the writ shall in no case extend to prisoners unless they are in custody under or by color of the authority of the United States, or are committed for trial by some court of the same, or are necessary to be brought to court to testify. The act of 29th August,...
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An Exposition of the Constitution of the United States

Henry Flanders - 1874 - 322 pages
...cause of commitment ; provided, however, that such writs shall not extend to prisoners in jail, unless they are in custody under or by color of the authority of the United States, or are committed to trial before some court of the same, or unless it is necessary to bring them into court to testify....
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An Exposition of the Constitution of the United States

Henry Flanders - 1874 - 296 pages
...cause of commitment ; provided, however, that such writs shall not extend to prisoners in jail, unless they are in custody under or by color of the authority of the United States, or are committed to trial before some court of the same, or unless it is necessary, to bring them into court to testify....
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