...ascertained. 5 Feb., 1867, c. 28, 9. 1, v. 14, p. 385. SEC. 761. Summary hearing — disposition of party. — The court, or justice, or judge shall proceed in a...dispose of the. party as law and justice require. 5 Feb., 1867, c. 28, s. 1, v. 14, p. 385. SEC. 762. In cases involving the law of nations, notice to...

...proceed, in a summary way, to determine the facts in the case by hearing the testimony and argument, and thereupon to dispose of the party as law and justice require." The section first above quoted is substantially a re-enactment of the Act of 1833, commonly known as...

...applied to ordinary suits and actions, but § 761, Rev. Stat., provides as to habeas corpus cases that "the court, or justice, or judge shall proceed in...dispose of the party as law and justice require." That mandate is applicable to this court, whether it is exercising its original or appellate jurisdiction....

...up before it on habeas corpus. Section 761 of the Revised Statutes, on this subject, provides that: "The court, or Justice, or Judge shall proceed In...dispose of the party as law and Justice require." It would seem that in the Interest of Justice, and to prevent Its defeat, this court might well delay...

...habeas corpus, unless it appears from the petition Itself that the party Is not entitled thereto"; and "shall proceed In a summary way to determine the facts...thereupon to dispose of the party as law and Justice may require." Rev. St §§ 751-755, 761. The power thus granted to the courts and Judges of the United...

...material facts may be ascertained. That the court or justice or judge shall proceed in a sumirían way to determine the facts of the case, by hearing the testimony and the arguments, and thereupon to dispose of the party as law and justice require. That when a writ of...

...custody iu violation of the constitution of the United States. The injunction to hear the case summarily, and thereupon 'to dispose •of the party as law and justice require,' does not deprive the court of discretion as to the time and mode in which it will exert the powers...

...summary Summary hearway to determine the facts of the case, by hearing the testimony and'Vj disposition arguments, and thereupon to dispose of the party as law and justice" ' "IN require. Idem. In с a it e • in- SEC. 762. When a writ of habeas corpus is issued in the case...

...up before it on habeas corpus. Section 761 of the Revised Statutes on this subject provides that : " The court, or justice, or judge shall proceed in a...dispose of the party as law and justice require." It would seem that in the interest of justice and to prevent its defeat, this court might well delay...

...custody in violation of the Constitution of the United States. The injunction to hear the case summarily, and thereupon ' to dispose of the party as law and justice require,' does not deprive the court of discretion as to the time and mode in which it will exert the powers...