April 1887: When defense counsel applied to remove Harlan v. Van Alstan from the Court of Chancery to the U.S. Circuit Court, Vice Chancellor John Bird replied: “I have never felt, I must confess, that it entirely comported with the dignity of the local court having entire jurisdiction to remove the cause to another court. Your case goes up by virtue of an act of Congress; my judgment is not final; if I give or refuse an order it is of no value; to call upon the local court to give an order can be of no use.”
100 Years Ago
April 1912: Allison MacFarland, a man convicted of murder by poisoning, was brought up by habeas corpus before Chief Justice William Gummere for an inquiry into the legality of his confinement in the state prison, since a writ of error had been taken to review the conviction. Gummere held that the writ of error did not operate to transfer custody of a prisoner from the state prison keeper back to the sheriff.
