House v. Mayo

Fifth Circuit Court of Appeals

Decided Nov. 14, 1944.

Fifth Circuit Court of Appeals · decided 1944-11-14

Cited by 4 later decisions (1 by the Supreme Court) — most recently April 1960

2 federal appellate · 1 district ·

1 counsel of record

Key passage — most relied on by later courts

“detention ... by virtue of process issued out of a State court.”

quoted by 1 later decision, including House v. Mayo

Relies on Genna v. Frazier · Millslagle v. Olson

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1944-11-14

View the full empirical analysis of this case →

¶1There were no appearances in the case.

¶2Before HUTCHESON, WALLER and LEE, Circuit Judges.

¶3PER CURIAM.

¶4 The petition is for leave to appeal as a poor person under Sec. 832, Title 28 U.S.C.A. The appeal is from a “final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a State court”. Under the provisions of Sec. 466, Title 28 U.S.C.A., a certificate of probable cause is a jurisdictional prerequisite to such an appeal. Millslagle v. Olson, 8 Cir., 130 F. 2d 212; Genna v. Frazier, 5 Cir., 24 F.2d 706. Plaintiff does not present such certificate, but, on the contrary, there appears in the record a finding and order of the district judge that no probable cause exists. The petition is denied.