Ex Parte Tom Tong
Citations
- 108 U.S. 556
- 2 S. Ct. 871
- 27 L. Ed. 826
- 1883 U.S. LEXIS 1067
Syllabus
<p>Habeas Corpus — Jurisdiction—Proceedings Civil and Criminal — Practice.</p> <p>The proceedings under a petition for habeas corpus are in their nature civil proceedings, even when instituted to arrest a criminal prosecution and secure personal freedom : and the appellate revisory jurisdiction of this court is governed by the statutes regulating civil proceedings.</p> <p>As the statute authorizes a certificate of division of opinion between judges sitting in circuit only after final judgment in civil proceedings, the court cannot take jurisdiction under a certificate by which it appears that there was a difference in opinion between the judges as to the points certified, without entry of final judgment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Proceedings to enforce civil rights are civil proceedings, and proceedings for the punishment of crimes are criminal proceedings.”
- defining “civil action” as “[i]n general, all types of actions other than criminal proceedings”
- habeas corpus review is a civil proceeding because its purpose is to enforce civil rights
- habeas is a civil proceeding because “[pjroceedings to enforce civil rights are civil proceedings, and proceedings for the punishment of crimes are criminal proceedings”
- Habeas corpus review is a civil proceeding because “[pjroceedings to enforce civil rights are civil proceedings, and proceedings for the punishment of crimes are criminal proceedings.”
- “The writ of habeas corpus is the remedy which the law gives for the enforcement of the civil right of personal liberty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waite
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.