HUNTER, SHERIFF OF BUNCOMBE COUNTY, NORTH CAROLINA,
v.
WOOD

U.S. | 1908-03-23
No. 474
209 U.S. 205 Supreme Court of the United States (1908) Positive Treatment
Also reported at: 52 L. Ed. 747 · 28 S. Ct. 472 · SCDB 1907-163 · 1908 U.S. LEXIS 1727
Cited by 12 cases
Opinion of the Court
Mr. Justice Peckham,

Mr. Justice Peckham,

after making the‘foregoing statement, delivered the opinion of the court.

After the jurisdiction of the Circuit Court of the United States had attached by the filing of the bill of complaint in the case already mentioned, of the Southern Railway Company v. McNeil and others, members of the Corporation Commission, and after the issuing and service of the injunction, as above stated, the defendant Wood, acting under and in obedience to the provisions of such injunction, sold the railroad tickets at the usual price and at the same time complied with the conditions contained in the injunction, by giving the coupons for the difference in price, and while so complying with the terms of such injunction was arrested and proceeded against criminally for disobedience of the act fixing rates. Being detained in custody by virtue of this conviction by one of the police courts of the State, he had the right to apply for a writ of habeas corpus to the United States Circuit Judge, and that judge had power to issue the writ and discharge the prisoner under § 753 of the Revised Statutes of the United States (1 U. S. Comp. Stat., p. 592), as he was then in custody for an act done pursuant to an order, process or decree of a court or judge of the United States. See In re Neagle, 135 U. S. 1. The writ being properly issued, the judge had the right, and it was his duty, to examine into the facts, and he had jurisdiction to discharge the petitioner under the circumstances stated.

The other questions raised herein have been sufficiently discussed in Ex parte Young, just decided, and require no further attention. For the reasons given in that opinion, the order appealed from herein must be

Affirmed.

Dissent
Mr. Justice Harlan,'

Mr. Justice Harlan,' dissenting.

In my judgment the appellee should have been put to his writ of error for the review of the judgment against him in the highest court of the State, competent under the state laws to reexamine that judgment — thence to this court to inquire whether any right belonging to him under the Federal Constitution had been violated. He should not have been discharged on habeas corpus. Ex parte Royall, 117 U. S. 241; Minnesota v. Brundage, 180 U. S. 499; Urquhart v. Brown, 205 U. S. 179, and authorities cited in each case.

Upon the question as to what is and what is not a suit against the State within the meaning of the Eleventh Amendment, my views are fully expressed in my dissenting opinion in Ex parte Young, just decided. For the reasons there stated I dissent from the opinion and judgment of the court in this case.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sunal v. Large, 332 U.S. 174 (U.S. 1947)
    …5; Johnson v. Zerbst, 304 U. S. 458, see The Writ of Habeas Corpus in the Federal Courts (1935) 35 Col. L. Rev. 404, 414, n. 66; an appeal had already been taken, Moore v. Dempsey, 261 U. S. 86; or the time to appeal had not expired, Hunter v. Wood, 209 U. S. 205; In re Sawyer, 124 U. S. 200; Wo Lee v. Hopkins, 118 U. S. 356, discussed in The Writ of Habeas Corpus in the Federal Courts, supra, at 414, n. 60. See also Appleyard v. Massachusetts, 203 U. S. 222, 225-226; Ex parte Bridges, 2 Woods 428, 430, appr…
    1 / 2
  • Wade v. Mayo, 334 U.S. 672 (U.S. 1948)
    …111 U. S. 624, 637. Baker v. Grice, 169 U. S. 284, 291. See Frank v. Mangum, 237 U. S. 309, 329; Ex parte Royall, 117 U. S. 241, 247-54; Mooney v. Holohan, supra. See Ex parte Hawk, 321 U. S. 114, 118. In re Neagle, 135 U. S. 1; Hunter v. Wood, 209 U. S. 205 (impairment of the functions of the federal courts); In re Loney, 134 U. S. 372 (impairment of the functions of the legislative and judicial branches of the Federal Government). Boske v. Comingore, 177 U. S. 459; Ohio v. Thomas, 173 U. S. 276. Wil…
  • First Nat'l Bank in ST. Louis v. State of Mo. at the Info. of Barrett, 263 U.S. 640 (U.S. 1924)

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