United States ex rel. Kantor v. Johnson

Second Circuit

United States ex rel. Kantor v. Johnson

251 F. 889, 1918 U.S. App. LEXIS 1779

Court of Appeals for the Second Circuit·Decided June 11, 1918·Published

Opinion

WARD, Circuit Judge.

This is a motion to grant a stay pending an appeal to the Circuit Court of Appeals in a habeas corpus proceeding. Judge Chattfield in the District Court, who remanded the relator, also allowed the appeal, and has refused a stay. If I had allowed the appeal, I would have had power to grant a stay; but the case is now-in the Circuit Court of Appeals, and I do not think a single judge of the court has power to do so.

The motion is denied.

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WARD, Circuit Judge.

This is a motion to grant a stay pending an appeal to the Circuit Court of Appeals in a habeas corpus proceeding. Judge Chattfield in the District Court, who remanded the relator, also allowed the appeal, and has refused a stay. If I had allowed the appeal, I would have had power to grant a stay; but the case is now-in the Circuit Court of Appeals, and I do not think a single judge of the court has power to do so.

The motion is denied.

United States ex rel. Kantor v. Johnson, 251 F. 889, 1918 U.S. App. LEXIS 1779 (2d Cir. 1918).

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