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· 1/7/1901

Gusman v. Marrero

Citations

  • 180 U.S. 81
  • 21 S. Ct. 293
  • 45 L. Ed. 436
  • 1901 U.S. LEXIS 1285

Syllabus

<p>The purpose of tbe proceeding in this case was to deliver from tbe custody of the sheriff of the parish of Jefferson, Louisiana, a person who was under sentence of death for the crime of assault with intent to commit rape, of which he was convicted. The contention of the appellee was that this was not an application for habeas corpus, nor for a writ of mandamus, but was an ordinary action. The appellant not only concedes the fact, but' asserts it. It follows necessarily that lie has no cause of action. The same result would follow if the court regarded the proceeding as one in habeas corpus.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • next friend status denied because \[t]he petition alleges nothing with respect to the relationship between [the petitioner and the detainee]\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hablan, McKenna

Read full opinion on CourtListener

Sourced 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.