Hyatt v. Huff

D.C. Circuit

Hyatt v. Huff

146 F.2d 666, 79 U.S. App. D.C. 400, 1944 U.S. App. LEXIS 2346

CourtCourt of Appeals for the D.C. Circuit

DecidedDecember 29, 1944

DocketNo. 8779

StatusPublished

This text of 146 F.2d 666 (Hyatt v. Huff) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hyatt v. Huff, 146 F.2d 666, 79 U.S. App. D.C. 400, 1944 U.S. App. LEXIS 2346 (D.C. Cir. 1944).

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Opinion

PER CURIAM.

Petition for habeas corpus was filed in March, 1944. The District Judge promptly and properly entered an order to show cause, to which a return was duly filed. The court on consideration of the return discharged the rule and denied the petition. An appeal to this court followed and on the call of the case the United States Attorney, appearing for the respondent, confessed error and requested that the case be remanded for hearing on the petition and return.

We have examined the record and are of opinion the dismissal below, without hearing, was error. Accordingly the judgment below is reversed and the cause remanded to the District Court for hearing.

Reversed and remanded.

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PER CURIAM.

Petition for habeas corpus was filed in March, 1944. The District Judge promptly and properly entered an order to show cause, to which a return was duly filed. The court on consideration of the return discharged the rule and denied the petition. An appeal to this court followed and on the call of the case the United States Attorney, appearing for the respondent, confessed error and requested that the case be remanded for hearing on the petition and return.

We have examined the record and are of opinion the dismissal below, without hearing, was error. Accordingly the judgment below is reversed and the cause remanded to the District Court for hearing.

Reversed and remanded.

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Bluebook (online)

146 F.2d 666, 79 U.S. App. D.C. 400, 1944 U.S. App. LEXIS 2346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hyatt-v-huff-cadc-1944.