Fisher v. Baker
203 U.S. 174 (1906)

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U.S. Supreme Court

Fisher v. Baker, 203 U.S. 174 (1906)

Fisher v. Baker

No. 214

Argued October 9, 10, 1906

Decided December 3, 1906

203 U.S. 174

Syllabus

When an application on habeas corpus is denied because the writ had been suspended, and thereafter, and before appeal taken is allowed, the suspension is revoked, the question of power of the authorities to suspend the writ becomes a moot one not calling for determination by this Court.

A proceeding in habeas corpus is a civil, and not a criminal, proceeding, and as final orders of circuit or district courts of the United States in such a proceeding can only be reviewed in this Court by appeal, under § 10 of the Act of July 1, 1902, 32 Stat. 1369, a final order of the Supreme Court of the Philippine Islands in habeas corpus is governed by the same rules, and can only be reviewed by appeal, and not by writ of error.

The facts are stated in the opinion.

Page 203 U. S. 178

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