MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.
By section 766 of the Revised Statutes, where an appeal from the final decision of a Circuit Court of the United States, denying the writ of habeas corpus to a person alleging restraint of his liberty by state authority in violation of the Constitution or laws of the United States, is "in process of being heard and determined," any proceeding against such person in respect...
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