Johnson v. Hoy
227 U.S. 245 (1913)

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U.S. Supreme Court

Johnson v. Hoy, 227 U.S. 245 (1913)

Johnson v. Hoy

No. 842

Argued January 7, 8, 1913

Decided February 3, 1913

227 U.S. 245

Syllabus

The writ of habeas corpus is not intended to serve the office of a writ of error even after verdict, and, for stronger reasons, is not available before trial except in rare and exceptional cases.

Page 227 U. S. 246

The orderly course of a trial should be pursued and usual remedies exhausted even where petitioner attacks the constitutionality of the act under which he is held. Glagsow v. Moyer,225 U. S. 420.

Where petitioner bases his petition on the round that excessive bail is required, and, before decision on the writ, furnishes the bail, as the court can only grant the same relief that the writ was intended to afford, the appeal from the judgment denying the writ must be dismissed.

The facts are stated in the opinion.

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