Kelly v. Dowd - United States Court of Appeals for the Seventh Circuit

Kelly v. Dowd

By United States Court of Appeals for the Seventh Circuit

  • Release Date - Published: 1944-01-31
  • Book Genre: Law
  • Author: United States Court of Appeals for the Seventh Circuit
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Kelly v. Dowd United States Court of Appeals for the Seventh Circuit read online review & book description:

Petitioners contention in cause 8377, that the District Court improperly dismissed his petition for a writ of habeas corpus, we think, can not be upheld. Despite his voluminous citation of authority and zealous argument, we see no escape from the rule announced by the Supreme Court in Ex parte Young, 209 U.S. 123, 28 S. Ct. 441, 52 L. Ed. 714, 13 L.R.A., N.S., 932, 14 Ann.Cas. 764; Fenner v. Boykin, 271 U.S. 240, 46 S. Ct. 492, 70 L. Ed. 927; Mooney v. Holohan, 294 U.S. 103, 55 S. Ct. 340, 79 L. Ed. 791, 98 A.L.R. 406; Beal v. Missouri Pac. R.R. Corp., 312 U.S. 45, 61 S. Ct. 418, 85 L. Ed. 577; Reid v. Jones, 187 U.S. 153, 23 S. Ct. 89, 47 L. Ed. 116; Drury v. Lewis, 200 U.S. 1, 26 S. Ct. 229, 50 L. Ed. 343; Urquhart v. Brown, 205 U.S. 179, 27 S. Ct. 459, 51 L. Ed. 760 and followed by this court in such cases as Achtien v. Dowd, Warden, 7 Cir., 117 F.2d 989; Botwinski v. Dowd, Warden, 7 Cir., 118 F.2d 829; Davis v. Dowd, Warden, 7 Cir., 119 F.2d 338.

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