Fonda

Supreme Court of the United States

Filed April 5, 1886.

Supreme Court of the United States · decided 1886-04-05

Held: That leave to file the petition should be denied. *517 This was a motion for leave to file a petition for a writ of habeas corpus. The averments in the petition were as follows: “ First.

1 counsel of record

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 9–0 · Decided 1886-04-05

How this case has been cited

Cited by 132 later decisions (29 by the Supreme Court) — most recently April 2010 · most notably Fay v. Noia (1963), Darr v. Burford (1950)

38 federal appellate · 8 district · 15 state decisions — followed in 10 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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[Statement of Case from pages 517-518 intentionally omitted]

Wm. E. Earle, for petitioner.

WAITE, C. J.

¶1

This motion is denied on the authority of Ex parte Royall, ante, 734, 742. No reason is suggested why the supreme court of the state may not review the judgment of the circuit court of the county upon the question which is raised as to the application of the statute, under which the conviction has been had, to embezzlements by the servants and clerks of national banks, nor why it should not be permitted to do so without interference by the courts of the United States. The question appears to be one which, if properly presented by the record, may be reviewed in this court after a decision by the supreme court adverse to the petitioner. The case, as made by the motion papers, is not one which, under the principles settled in Royall's Case, requires this court to act in advance of the orderly course of proceeding for a review of the judgment by writ of error.