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In the matter of the application of Gus A. Fagerberg for a writ of Habeas Corpus

May 26, 1924 - November 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 U.S. Circuit Court of Appeals for the Eighth Circuit (St. Paul, Minnesota)

Case ID: hc.case.ne.1534

Case Summary

It was November 25th, 1942, when Gus A. Fagerberg petitioned for and was allowed an order for writ of Habeas Corpus having been arrested and deprived of his liberty by Dennis H. Cronin and William C. Condit in July of that year. Fagerberg was arrested on the grounds of violating the National Prohibition Act and then sentenced to three months imprisonment on five counts and a fine of $500. In his petition he presented that he had satisfied the longest period of imposed imprisonment and yet was still being held in custody. Later in the same month the court agreed, and he was discharged. It was March of 1925 when an appeal was made and then granted to Cronin and Condit after they presented that the ordered imprisonment of three months on the five counts were to run consecutively and that the imprisonment was justified until the fine was paid, of which Fagerberg had not paid. It was February of the following year that the Circuit Court of Appeals filed a mandate that the decision to discharge Fagerberg be reversed and that he be remanded to custody in compliance with the case Cronin, U.S. Marshal et al., vs William J. Fox. Later that same month the writ of Habeas Corpus was discharged and Fagerberg remanded to custody.

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. 49-50; 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. 1675

Source material(s)

Docket | Case File

Length of case file

Between 41 and 50 pages

Repository(s)

State

  • Nebraska
  • Minnesota

Point(s) of law cited

Section No.1042 Revised Statutes

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 Gus A. Fagerberg 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.1534

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