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Horn v. Mitchell, 243 U.S. 247 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
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437, for review in this Court of the appellate judgments of the circuit courts in habeas corpus cases was necessarily repealed by the Judiciary Act of March 3, 1891 (see §§ 4, 5, 6, and 14), and § 289 of the Judicial Code, abolishing the Circuit Courts.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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Chicago: U.S. Supreme Court, "Syllabus," Horn v. Mitchell, 243 U.S. 247 (1917) in 243 U.S. 247 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=79I1PZLTR9DEUER.
MLA: U.S. Supreme Court. "Syllabus." Horn v. Mitchell, 243 U.S. 247 (1917), in 243 U.S. 247, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=79I1PZLTR9DEUER.
Harvard: U.S. Supreme Court, 'Syllabus' in Horn v. Mitchell, 243 U.S. 247 (1917). cited in 1917, 243 U.S. 247. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=79I1PZLTR9DEUER.
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