Ex parte Abernathy, 320 U.S. 219 (1943)
U.S. Supreme CourtEx parte Abernathy, 320 U.S. 219 (1943)
Ex parte Abernathy
Decided October 18, 1943
320 U.S. 219
1. The exercise by this Court of the power conferred upon it to issue writs of habeas corpus (2 U.S.C. §§ 377, 451) in aid of its appellate jurisdiction is discretionary and, save in exceptional circumstances, the Court does not exercise the power where an adequate remedy may be had in a lower federal court or where, if the relief sought is from a judgment of a state court, the petitioner has not exhausted his remedies in the state courts. P. 320 U. S. 219.
2. Refusal of the writ, without more, is not an adjudication on the merits, and is to be taken as without prejudice to an application to any other court for the relief sought. P. 320 U. S. 220.