Horn v. Mitchell
243 U.S. 247 (1917)

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U.S. Supreme Court

Horn v. Mitchell, 243 U.S. 247 (1917)

Horn v. Mitchell

No. 679

Argued January 11, 12, 1917

Decided March 6, 1917

243 U.S. 247

Syllabus

A judgment of the district court refusing the writ of habeas corpus is appealable directly to this Court under § 238 of the Judicial Code if the petition raises constitutional or treaty questions.

A judgment of the circuit court of appeals affirming a judgment of the district court refusing habeas corps is not appealable to this Court under § 241 of the Judicial Code on the ground that constitutional and treaty questions are involved, since no pecuniary value is in controversy.

The provision made by Rev.Stats., § 764, as amended by the Act of March 3, 1885, c. 353, 23 Stat. 437, for review in this Court of the appellate judgments of the circuit courts in habeas corpus cases was necessarily repealed by the Judiciary Act of March 3, 1891 (see §§ 4, 5, 6, and 14), and § 289 of the Judicial Code, abolishing the Circuit Courts.

Appeal to review 232 F. 819 dismissed.

The case is stated in the opinion.

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