ex
parte
burrus
argued
decided
may
lambertson
petitioner
john
schomp
respondent
miller
application
thomas
burrus
exercise
original
jurisdiction
writ
habeas
corpus
relieve
custody
unlawful
imprisonment
declares
held
brad
slaughter
marshal
state
nebraska
jail
omaha
said
state
virtue
order
district
district
upon
filing
petition
rule
entered
served
upon
slaughter
show
cause
said
writ
habeas
corpus
issue
rule
slaughter
made
return
return
says
said
petitioner
custody
virtue
order
judgment
able
elmer
dundy
judge
district
nebraska
copy
order
hereto
attached
forms
part
return
aforesaid
writ
attaches
return
correct
copy
whole
proceedings
controversy
brought
judgment
order
aforesaid
holds
said
thomas
burrus
custody
subject
pursuance
aforesaid
order
said
judgment
submits
whether
entitled
discharge
prayed
retur
signed
slaughter
marshal
district
nebraska
substance
record
shows
louis
miller
town
oxford
county
butler
state
ohio
citizen
state
father
child
named
evelyn
estelle
miller
born
day
october
wife
died
may
wife
residing
nemaha
county
state
nebraska
wife
lying
sick
measles
ultimately
died
child
taken
directions
physician
residence
grandfather
thomas
burrus
catherine
burrus
wife
residents
said
nemaha
county
citizens
state
nebraska
since
time
miller
married
house
home
well
prepared
take
care
child
desired
care
custody
made
frequent
demands
said
thomas
catherine
burrus
deliver
uniformly
refused
circumstances
miller
made
application
day
april
hon
elmer
dundy
district
judge
district
nebraska
writ
habeas
corpus
recover
care
custody
child
reciting
circumstances
hereinbefore
stated
also
matters
tending
show
home
burrus
fit
place
child
brought
upon
petition
writ
issued
defendant
burrus
wife
appeared
judge
dundy
regular
term
district
stated
fact
care
custody
infant
short
time
birth
still
taken
good
care
capable
taking
good
care
much
attached
attached
claimed
right
continue
custody
control
child
eight
nine
years
old
afterwards
day
june
judge
dundy
made
order
said
evelyn
miller
child
improperly
detained
kept
thomas
burrus
catherine
burrus
said
evelyn
miller
awarded
care
custody
father
louis
miller
petitioner
said
burrus
wife
produce
child
within
five
days
date
said
order
order
appeal
taken
dircuit
district
judge
brewer
decided
neither
circuit
jurisdiction
hear
case
appeal
remitted
case
district
december
order
made
reciting
heard
argument
counsel
motion
stay
proceedings
dismiss
cause
want
jurisdiction
opinion
cause
properly
judge
jurisdiction
ordering
stay
proceedings
theretofore
granted
terminated
judgment
made
day
june
carried
effect
appears
order
delivery
child
father
obeyed
presence
miller
started
omaha
home
ohio
child
petitioner
burrus
wife
got
train
crossed
missouri
river
train
reached
council
bluffs
state
iowa
opposite
side
river
made
efforts
secure
possession
child
result
efforts
father
proceeded
somewhat
state
iowa
defendants
taking
possession
child
violence
father
returned
state
nebraska
thereupon
burrus
wife
called
district
writ
attachment
contempt
disoby
ing
orders
contempt
burrus
committed
imprisonment
three
months
county
jail
custody
marshal
nebraska
imprisonment
seeks
relieved
present
proceedings
foundation
claim
right
relieved
neither
district
nebraska
judge
dundy
judge
jurisdiction
whatever
original
case
habeas
corpus
question
present
case
power
writ
inquire
mere
errors
committed
district
progress
case
satisfied
errors
exist
save
alleged
error
assumption
jurisdiction
case
whether
jurisdiction
existed
therefore
sole
question
us
question
extent
authority
courts
use
writ
habeas
corpus
means
releasing
persons
held
unlawful
custody
always
clouded
less
doubt
uncertainty
constitution
declaring
privilege
writ
habeas
corpus
shall
suspended
unless
cases
rebellion
invasion
public
safety
may
require
added
exalted
estimate
writ
always
held
country
england
fourteenth
section
act
establishing
judicial
courts
declared
courts
shall
power
issue
writs
scire
facias
habeas
corpus
writs
specially
provided
statute
may
necessary
exercise
respective
jurisdictions
agreeable
principles
usages
law
either
justices
well
judges
district
courts
shall
power
grant
writs
habeas
corpus
purpose
inquiry
cause
commitment
provided
writs
habeas
corpus
shall
case
extend
prisoners
jail
unless
custody
color
authority
committed
trial
necessary
brought
testify
seen
section
may
many
writs
specifically
provided
statute
shall
within
powers
courts
framers
statute
careful
mention
specifically
writs
scire
facias
habeas
corpus
make
special
provisions
regard
latter
power
courts
issue
writs
said
must
necessary
exercise
jurisdiction
respective
courts
agreeable
principles
usages
law
reference
writ
habeas
corpus
expressly
enacted
either
justices
well
judges
district
courts
shall
power
grant
writ
purpose
inquiry
cause
commitment
latter
clause
inter
preted
occasionally
authorizing
issuing
writ
case
person
imprisoned
confined
order
purposes
inquiry
cause
commitment
proviso
proceeding
upon
idea
first
clause
order
issuing
writ
must
necessary
exercise
jurisdiction
issues
declares
writ
case
extend
prisoners
jail
unless
custody
color
authority
committed
trial
necessary
brought
testify
statute
course
left
cases
prisoners
confinement
order
state
authorities
without
benefit
writ
courts
justices
judges
law
remained
condition
events
connected
nullification
proceedings
south
carolina
officers
engaged
collecting
revenue
performing
duties
state
reason
subjected
laws
south
carolina
imprisonment
recent
case
cunningham
neagle
ante
occasion
review
course
legislation
congress
subject
writ
habeas
corpus
mainly
found
revised
statutes
reference
provisions
protecting
individual
liberty
persons
citizens
subjects
citizens
foreign
governments
illegal
imprisonment
state
authority
necessary
go
field
occasion
sufficient
say
net
result
discussion
courts
justices
judges
courts
authorized
issue
writ
habeas
corpus
case
party
imprisoned
held
custody
act
done
authority
laws
imprisonment
violation
constitution
supposed
violation
law
nations
cases
federal
courts
judges
jurisdiction
make
inquiry
matter
language
statute
prisoner
brought
matter
inquired
justice
judge
shall
party
law
justice
require
law
therefore
never
every
person
held
unlawful
imprisonment
right
invoke
aid
courts
release
writ
habeas
corpus
order
obtain
benefit
writ
procure
issued
justice
judge
right
order
issue
made
appear
upon
application
writ
founded
upon
matter
justifies
exercise
federal
authority
necessary
enforcement
rights
constitution
laws
treaties
true
perhaps
judge
asked
issue
writ
need
critical
looking
petition
application
clear
grounds
exercise
jurisdiction
prisoner
brought
justice
judge
power
make
full
inquiry
cause
commitment
detention
enable
correct
errors
defects
petition
writ
issued
upon
hearing
finally
determined
tribunal
prisoner
brought
whether
imprisonment
custody
violation
constitution
laws
treaties
cases
subject
decided
courts
country
altogether
accord
think
fair
statement
law
stands
present
time
statutes
decisions
subject
considered
much
ability
ex
parte
mccardle
wall
case
although
speaking
mainly
jurisdiction
way
appeal
yet
made
following
observation
reference
act
february
recently
passed
language
statute
addition
authority
already
conferred
several
courts
justices
judges
said
courts
shall
power
grant
writs
habeas
corpus
cases
person
may
restrained
liberty
violation
constitution
treaty
law
shall
lawful
person
restrained
liberty
apply
either
said
js
tices
judges
writ
habeas
corpus
application
shall
writing
verified
affidavit
shall
set
forth
facts
concerning
detention
party
applying
whose
custody
detained
virtue
claim
authority
known
said
justice
judge
application
shall
made
shall
forthwith
award
writ
habeas
corpus
unless
shall
appear
petition
party
deprived
liberty
contravention
constitution
laws
reference
statute
chief
justice
chase
speaking
case
said
legislation
comprehensive
character
brings
within
habeas
corpus
jurisdiction
every
every
judge
every
possible
case
privation
liberty
contrary
national
constitution
treaties
laws
impossible
widen
jurisdiction
jurisdiction
system
appeal
applied
provision
statute
reproduced
others
subject
section
revised
statutes
ex
parte
dorr
application
made
writ
habeas
corpus
bring
body
thomas
dorr
rhode
island
whose
behalf
alleged
held
sentence
death
violation
constitution
laws
law
existing
subject
powers
warding
writs
habeas
corpus
fourteenth
section
judiciary
act
already
recited
construing
section
said
power
given
courts
section
issue
writs
scire
facias
habeas
corpus
regards
writ
habeas
corpus
restricted
proviso
cases
prisoner
custody
color
authority
committed
trial
necessary
brought
testify
clear
language
section
illustration
seem
unnecessary
words
proviso
unambiguous
admit
one
construction
qualify
restrict
preceding
provisions
section
indisputable
neither
judge
thereof
issue
habeas
corpus
bring
prisoner
custody
sentence
execution
state
purpose
used
witness
immaterial
whether
imprisonment
civil
criminal
process
motion
habeas
corpus
overruled
account
limited
power
federal
courts
issue
writs
habeas
corpus
various
statutes
referred
ex
parte
neagle
since
passed
among
rest
one
construed
ex
parte
mccardle
clear
language
chief
justice
chase
original
limitation
upon
power
remains
except
extended
statute
others
subject
case
us
pretense
child
restrained
liberty
grandfather
witheheld
possession
control
father
virtue
authority
possession
child
violation
constitution
law
treaty
whole
subject
ofthe
domestic
relations
husband
wife
parent
child
belongs
laws
laws
right
control
possession
child
contested
father
grandfather
one
regard
neither
congress
authority
special
jurisdiction
whether
one
entitled
possession
depend
upon
act
congress
treaty
constitution
case
barry
mercein
instructive
subject
barry
subject
queen
great
britain
married
american
lady
birth
two
children
separated
barry
residing
nova
scotia
wife
state
new
york
barry
made
application
first
chancery
new
york
writ
habeas
corpus
recover
possession
daughter
case
people
mercein
paige
chancellor
walworth
refused
relief
asked
saying
writ
habeas
corpus
ad
subjiciendum
however
either
common
law
provisions
revised
statutes
new
york
proper
mode
instituting
proceeding
try
legal
right
party
guardianship
infant
barry
made
application
circuit
southern
district
new
york
case
heard
judge
betts
see
fed
delivered
careful
able
opinion
furnished
us
held
exercise
function
parens
patriae
therefore
jurisdiction
matter
virtue
statute
petitioner
case
alleged
born
subject
queen
great
britain
residing
nova
scotia
wife
daughter
mary
mercein
citizen
state
new
york
mother
daughter
held
custody
child
violation
law
judge
betts
able
opinion
discusses
jurisdiction
courts
generally
especially
circuit
regard
case
like
result
stated
prior
petitioner
made
application
exercise
original
jurisdiction
writ
habeas
corpus
declared
case
class
assume
original
jurisdiction
ground
exercise
appellate
jurisdiction
presented
therefore
refused
application
ex
parte
barry
judgment
circuit
judge
betts
barry
brought
case
writ
error
motion
made
dismiss
case
want
jurisdiction
case
elaborately
argued
opinion
delivered
chief
justice
taney
said
argument
upon
motion
power
circuit
award
writ
habeas
corpus
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like
fully
discussed
bar
question
us
unless
power
writ
error
judgment
given
circuit
affirm
reverse
may
find
correct
otherwise
proceeds
say
appellate
jurisdiction
governed
amount
value
controversy
adds
case
us
controversy
father
mother
infant
daughter
living
separate
claiming
right
custody
care
society
child
matter
dispute
evidently
utterly
incapable
reduced
pecuniary
standard
value
rises
superior
money
considerations
barry
mercein
far
question
whether
custody
child
brought
litigation
circuit
even
citizenship
opposing
parties
ordinarily
confers
jurisdiction
matter
left
undecided
case
barry
mercein
obviously
although
statutes
since
enlarged
jurisdiction
circuit
courts
declaring
shall
original
cognizance
concurrent
courts
several
state
civil
suits
arising
constitution
laws
treaties
made
shall
made
authority
difficulty
removed
provision
already
said
custody
guardianship
parent
child
arise
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laws
treaties
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whether
diverse
citizenship
parties
contesting
right
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child
courts
give
jurisdiction
courts
determine
question
never
decided
award
necessary
decide
case
order
violation
petitioner
imprisoned
contempt
judgment
circuit
judgment
district
district
apparently
studied
effort
record
us
treat
proceeding
one
district
district
nebraska
also
one
judge
apprehend
must
considered
worth
judgment
district
order
delivery
child
father
order
imprisonment
present
petitioner
contempt
made
jurisdiction
founded
upon
citizenship
parties
though
original
petition
miller
father
child
amended
judgment
rendered
show
citizen
state
ohio
defendants
burrus
wife
citizens
nebraska
perceived
averment
aids
parties
present
case
district
courts
jurisdiction
reason
citizenship
parties
therefore
ground
jurisdiction
habeas
corpus
case
child
delivered
father
entirely
without
jurisdiction
already
said
relations
father
child
matters
governed
laws
writ
habeas
corpus
used
judges
justices
courts
except
cases
appropriate
jurisdiction
course
mean
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cases
issue
writ
habeas
corpus
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reason
matter
thing
case
jurisdiction
enfore
means
writ
whatever
therefore
may
held
powers
circuit
courts
cases
kind
necessary
citizenship
exists
contestants
gives
jurisdiction
matters
parties
law
equity
matter
exceeds
value
know
statute
provision
law
authority
thority
intended
conferred
upon
district
take
cognizance
case
kind
either
ground
citizenship
ground
found
case
according
view
subject
whole
proceeding
district
judge
district
coram
non
judice
void
attempt
enforce
judgment
attachment
imprisonment
burrus
contempt
order
equally
void
ex
parte
rowland
petitioner
therefore
entitled
discharge
rule
slaughter
marshal
made
absolute
writ
habeas
corpus
issue
necessary
release
brewer
dissents
footnotes
see
barry
fed
published
request
one
justice