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In the matter of the application of William J. Fox for a writ of Habeas Corpus

July 3, 1924 - February 18, 1926

Petitioned on November 25, 1924

Filed before the US District Court for the Omaha Division of the District of Nebraska (Omaha, Nebraska)

Filed before the US Court of Appeals for the Eighth Circuit (Omaha, Nebraska)

Case ID: hc.case.ne.1524

Case Summary

On the 25th of November 1924, William J. Fox filed a petition for a writ of Habeas Corpus on the grounds of being unlawfully in confinement and deprived of his liberty by Dennis H. Cronin and William C. Condit. He was being held in custody on the basis of having sold liquor in violation of the National Prohibition Act with a sentence of three months and a fine of $400. In his petition, Fox presented that he had been held longer than the three months, the court agreed and discharged him from custody. In December 1924 an appeal was made by Cronin and Condit, filing assignments of error within it and then was granted. In February 1926 it was ordered by the Circuit Court of Appeals that the order made in November 1924 allowing the discharge of Fox be reversed with recommendation to discharge the writ for habeas corpus and remand Fox to custody which was carried out three days later.

Case Information

Petition type(s)

  • Carceral

Petition subtype(s)

  • Unlawful sale of intoxicating liquor

Sites of significance

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska, Series: Law Dockets, 1912-1938, Vol. 8: Oct 10, 1924-Dec 17, 1925, pp. 47-48; National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska. (2/27/1907- ), Series: Law Case Files, 1912-1938, No. 1674

Source material(s)

Docket | Case File

Length of case file

Between 41 and 50 pages

Related petitions

Repository(s)

State

  • Nebraska

Point(s) of law cited

Section No.1042 Revised Statutes

Tag(s)

  • Appeal

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of the application of William J. Fox for a writ of Habeas Corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 21, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.1524

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