MR. JUSTICE McKENNA delivered the opinion of the court.
On the 3d of January, 1898, the appellant presented a petition to the United States District Court for the District of North Dakota for a writ of habeas corpus. It alleged that the petitioner was confined, and had been since the 7th of December, 1897, in the state penitentiary of North Dakota, under and in pursuance of a "certain pretended commitment" issued by the district court of the fifth judicial...
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