Moyer v. Peabody | |
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Argued January 5–6, 1909 Decided January 18, 1909 | |
Full case name | Charles H. Moyer, Plaintiff in Error, v. James H. Peabody, Sherman M. Bell, and Bulkeley Wells |
Citations | 212 U.S. 78 (more) 29 S. Ct. 235; 53 L. Ed. 410; 1909 U.S. LEXIS 1798 |
Case history | |
Prior | Error to the Circuit Court of the United States for the District of Colorado |
Holding | |
Affirmed dismissal of detainee's action for wrongful imprisonment against the ex-Governor, former Adjutant General of the national guard, and a national guard company captain. | |
Court membership | |
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Case opinion | |
Majority | Holmes, joined by Fuller, Harlan, Brewer, White, Peckham, McKenna, Day |
Moody took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. XIV |
Moyer v. Peabody, 212 U.S. 78 (1909), is a decision by the United States Supreme Court which held that the governor and officers of a state National Guard, acting in good faith and under authority of law, may imprison without probable cause a citizen of the United States in a time of insurrection and deny that citizen the right of habeas corpus.