Kroschel v. Munkers

Citations

• 179 F. 961
• 1910 U.S. Dist. LEXIS 308

Syllabus

<p>1. Constitutional Law (§ 251*) — “Due Process oe Law.”</p> <p>Law in its regular course of administration through courts of justice is “due process,” and, when secured by the law of the state, the constitutional requisition is satisfied. Due process of law is so secured by laws operating on all alike and not subjecting the individua] to the powers of government, unrestrained by the principles of private right and distributive justice.</p> <p>[Ed. Note. — For other eases, see Constitutional Law, Cent. Dig. §§ 726, 727, 732; Dec. Dig. § 231.*</p> <p>For other definitions, see Words and Phrases, vol. 3, pp. 2227-2256; vol. 8, p. 7644.]</p> <p>2. Courts (§ 282*) — Jurisdiction—Federal Question.</p> <p>Where the validity of a cit-y ordinance regulating the sale of nonintoxicating beverages depends wholly on state statutes, no federal question can be injected into a prosecution for violating the ordinance unless it be that accused is being held contrary to the inhibition of the fourteenth amendment of the federal Constitution.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 820-824; Dec. Dig. | 282.*</p> <p>Jurisdiction in eases involving federal question, see notes to Bailey v. Mosher, 11 C. O. A. 308; Montana Ore-Purchasing Co. v. Voston & M. C. C. & S. Mining Co., 35 C. C. A. 7.]</p> <p>3. Habeas Corpus (§ 1*) — Scope oe “Writ oe Habeas Corpus” — Revisory Remedy.</p> <p>A writ of habeas corpus is available only to determine the question of jurisdiction and power of the custodian to hold petitioner against his will and cannot be utilized as a revisory remedy.</p> <p>[Ed. Note. — For other cases, see Habeas Corpus, Cent. Dig. § 1; Dec. Dig. § 1.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3195-3198; vol. 8, p. 7676.]</p> <p>4. Habeas Corpus (§ 6*) — Federal Courts — Discretion.</p> <p>The issuance and entertainment of a writ of habeas corpus by a federal court is a matter within the court’s discretion to be exercised in sound judgm