MEREDITH

v.

AMRINE ET AL.

Citator

Cited By

• Tilghman v. Mayo, 82 So. 2d 136 (Fla. 1955)
  …ng must be valid, and if the proceedings are “lacking in any fundamental prerequisite which renders the judgment void” they will not constitute a proper predicate for such a claim. McCleary v. Hudspeth, 10 Cir., 124 F. 2d 445, 447, certiorari denied 316 U.S. 670, 62 S.Ct. 1043, 86 L.Ed. 1745. See also State v. Heard, 49 La.Ann. 375, 21 So. 632; People ex rel. Rosebrough v. Casey, 251 App.Div. 867, 297 N.Y.S. 13; State v. Bartlett, 181 Iowa 436, 164 N.W. 757, L.R.A.1918A, 1179; People v. Cuatt, 70 Misc. 453,…
• de Coster v. Madigan, 223 F.2d 906 (7th Cir. 1955)
  …94 L.Ed. 691. Other cases have announced the complementary rule that a civilian court may not review the merits of or re-evaluate the evidence presented in court-martial proceedings. See Mosher v. Hudspeth, 10 Cir., 123 F. 2d 401, certiorari denied 316 U.S. 670, 62 S.Ct. 1039, 86 L.Ed. 1745; Whelchel v. McDonald, 340 U.S. 122, 71 S.Ct. 146, 95 L.Ed. 141. Several recent cases, however, appear to have expanded the scope of review slightly, or, at least, to have shifted the emphasis from mere “jurisdiction”…
• Mosher v. Hunter, 143 F.2d 745 (10th Cir. 1944)
  …fter his formal separation from military service. The trial court held that all the contentions of the petitioner had beeii raised in a former proceedings and finally adjudicated by this court in Mosher v. Hudspeth, 123 F. 2d 401, certiorari denied 316 U.S. 670, 62 S.Ct. 1039, 86 L.Ed. 1745, wherein we held that when on May 23, 1920, the appellant escaped from the custody of the military authorities he was at that time a military prisoner under sentence adjudged by court-martial and “that military prisoner…