Ex Parte Mirzan
This text of 119 U.S. 584 (Ex Parte Mirzan) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
119 U.S. 584, 7 S. Ct. 341, 30 L. Ed. 513, 1887 U.S. LEXIS 1921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-mirzan-scotus-1887.