Case Summary

On April 21, 1912, Nick Mordavick filed for habeas against U.S. marshal Joseph Jacoby. Mordavick was arrested following an incident where he was found fishing along Hales' Passage near the Lumi Reservation between April 1 and April 16, 1912. In his petition, Mordavick claims that Hales' passage does not fall within the Lumi Reservation, but under the state of Washington, thus not violating boundaries. A writ was issued, but was denied on April 30, 1912, and Mordavick was ordered to remain in custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Carceral

Sites of significance

• Lummi Reservation (, Washington)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 2139

Length of case file

Between 11 and 20 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

Treaty between the Indian Tribes and the United States made the second day of January, 1855, at Point Elliot, Washington Territory

People

• Hanford, C. H. (judge)
• McLaren, W. G. (respondent attorney)
• Todd, Elmer E. (respondent attorney)
• Westcate, David I. (petitioner attorney)
• Bruce, S. M. (petitioner attorney)
• Fairchild, (petitioner attorney)
• Mordavick, Nick (Mordevich) (petitioner)
• Mordavick, Nick (Mordevich) (bound party)
• Jacoby, Joseph R. H. (respondent)

• Additional parties

  Engle, A. N. (Clerk)

  Crosby, Frank L. (Clerk)

  Lakin, Ed M. (Deputy)

  Simplus, F. A. (Deputy)

  Aliemie, C. E. (Notary Public)

  Black Jr., A. L. (Commissioner)