Ex parte Edgington
Cases that cite this one
6 later published cases cite this decision.
- In re Jorge (United States District Court for the District of Alaska 1945)
- United States v. Oates (9th Cir. 1932)
- Ex Parte Millsap (Okla. 1911)
- Ex parte Jackman (Nev. 1909)
- Russell v. Kees (Wash. 1905)
- Ex Parte Crawford (Nev. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court,
The petition for the writ of habeas corpus in this case, and the return thereto, to which there is no exception, shows that the petitioner is detained in custody by virtue of a final judgment of a justice of the peace of Virginia City, convicting him of violating an ordinance of that corporation. It is conceded that the justice of the peace had jurisdiction of the offense charged, as well as of the prisoner, and that a legal ordinance authorizes the judgment.
Such being the case, it is made our imperative duty to remand the prisoner by the plain terms of our habeas corpus act (1 Compiled Laws, Sec. 367), and we cannot, without pronouncing an extra-judicial opinion, undertake to decide whether the business of the petitioner was carried on within the corporate limits of Virginia City or not. That was a question to be decided on the trial, and if it was decided erroneously in point either of law or fact, the remedy is by appeal and not by habeas corpus.
The prisoner is remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.