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Genna v. Frazier

GENNA v. FRAZIER, Sheriff

Genna v. Frazier, 24 F.2d 706 (5th Cir. 1928)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 6, 1928
Docket
No. 5259
Citations
24 F.2d 7061928 U.S. App. LEXIS 2153

Opinion of the Court

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PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus which complained of the detention of the appellants by virtue of process issued out of a Louisiana state court. The record does n’ot show that there was a certificate of probable cause for the allowance of such appeal, as required by statute. U. S. C. tit. 28, § 466 (28 USCA § 466; Comp. St. § 1293). Under that statute the appeal was not allowable in the absence of such certificate. It follows that the appeal should ■be dismissed. We will add that, if that order had been subject to be reviewed by this court, it seems that it would be subject to be affirmed on the authority of the decision in the case of Dunn v. Lyons, Sheriff (C. C. A.) 23 F.(2d) 14 ; Id., 48 S. Ct. 305 , 72 L. Ed.- (Oct., 1927, term).

The appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1940: 21941: 11942: 11944: 119402026peak 1940 · 2

Relies on it most ⓘ

  1. Botwinski v. Dowd118 F.2d 829 (7th Cir. 1941)
  2. Schenk v. Plummer113 F.2d 726 (9th Cir. 1940)
  3. House v. Mayo147 F.2d 606 (5th Cir. 1944)
  4. Millslagle v. Olson125 F.2d 546 (8th Cir. 1942)
  5. Schenk v. Plummer113 F.2d 726 (9th Cir. 1940)

Most recent

  1. House v. Mayo147 F.2d 606 (5th Cir. 1944)
  2. Millslagle v. Olson125 F.2d 546 (8th Cir. 1942)
  3. Botwinski v. Dowd118 F.2d 829 (7th Cir. 1941)
  4. Schenk v. Plummer113 F.2d 726 (9th Cir. 1940)
  5. Schenk v. Plummer113 F.2d 726 (9th Cir. 1940)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Dunn v. Lyons, 23 F.2d 14 (5th Cir. 1927) 5

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