Supreme Court of the United States, 1887

Ex Parte Mirzan

Supreme Court of the United States · Decided January 10, 1887 · Waite

119 U.S. 584; 7 S. Ct. 341; 30 L. Ed. 513; 1887 U.S. LEXIS 1921 (United States Reports)

Counsel

Mr. Lorenzo Tillo for petitioner.

Cases that cite this one

15 later published cases cite this decision.

Bowen v. Johnston (United States District Court for the Northern District of California 1943)
Dockter v. White (8th Cir. 1928)
Bens v. United States (2d Cir. 1920)
Stevens v. McClaughry (8th Cir. 1913)
Salinger v. Loisel (Supreme Court of the United States 1924)
Ex parte Craig (2d Cir. 1921)
Ex Parte Hudgings (Supreme Court of the United States 1919)
Reade v. United States (Supreme Court of the United States 1918)
Ex parte Glasgow (Supreme Court of the United States 1911)
Riggins v. United States (Supreme Court of the United States 1905)
Ex parte Post (Supreme Court of the United States 1903)
In re Chapman (Supreme Court of the United States 1895)
In re Greene (U.S. Circuit Court for the District of Ohio 1892)
In re Huntington (Supreme Court of the United States 1890)
Ex parte Ivey (Fla. 1890)

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

Me: Chief Justice "Waite

delivered the opinion of the court.

This motion is denied. As since the act of March 3, 1885, 23 Stat. 437, an appeal lies to this court from the judgments of the Circuit Courts in habeas corpus cases, this court will not issue such a writ, even if it has the power — about which it is unnecessary now to express an opinion — in cases where it may as well be done in the proper Circuit Court, if there are no special circumstances in the case making direct action' or inter-yention by this court necessary or expedient. In this case there are no such special circumstances, and the application may as well be made to the Circuit Court for the Northern ■District of New York-as here. Our right to exercise this dis'cretion is shown by the principles on which the decisions in Ex parte Royall, Nos. 1 and 2, 117 U. S. 241, and Ex parte Royall, 117 U. S. 254, rest. This practice was suggested by us' and followed in Wales v. Whitney, 114 U. S. 564. Deniedl.

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