Moyer v. Peabody

Moyer v. Peabody
Argued January 5–6, 1909
Decided January 18, 1909
Full case nameCharles H. Moyer, Plaintiff in Error, v. James H. Peabody, Sherman M. Bell, and Bulkeley Wells
Citations212 U.S. 78 (more)
29 S. Ct. 235; 53 L. Ed. 410; 1909 U.S. LEXIS 1798
Case history
PriorError 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
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · David J. Brewer
Edward D. White · Rufus W. Peckham
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · William H. Moody
Case opinion
MajorityHolmes, 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.


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