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EX PARTE MILLIGAN

71 U.S. 2 (____)

4 Wall. 2

EX PARTE MILLIGAN.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. J.E. McDonald, Mr. J.S. Black, Mr. J.H. Garfield, and Mr. David Dudley Field, for the petitioner.

Mr. Speed, A.G., Mr. Stanbery, and Mr. B.F. Butler, special counsel of the United States, contra.

ON THE SIDE OF THE UNITED STATES.

I. JURISDICTION.

1. As to the jurisdiction of the Circuit Court. — The record shows that the application was made to the court in open session. The language of the third section contemplates that it shall be made to a "judge."

But, independently of this, the record does not state the facts necessary to bring the case within the act of 1863. It does not show under which...

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