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Ex Parte Abernathy, 320 U.S. 219 (1943)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ex Parte Abernathy, 320 U.S. 219 (1943)
Ex parte Abernathy Decided October 18, 1943 320 U.S. 219
ON MOTION FOR LEAVE TO FILE PETITION
FOR WRIT OF HABEAS CORPUS
Syllabus
1. The exercise by this Court of the power conferred upon it to issue writs of habeas corpus (2 U.S.C. §§ 377, 451) in aid of its appellate jurisdiction is discretionary and, save in exceptional circumstances, the Court does not exercise the power where an adequate remedy may be had in a lower federal court or where, if the relief sought is from a judgment of a state court, the petitioner has not exhausted his remedies in the state courts. P. 219.
2. Refusal of the writ, without more, is not an adjudication on the merits, and is to be taken as without prejudice to an application to any other court for the relief sought. P. 220.
Applications denied.
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Chicago:
U.S. Supreme Court, "Syllabus," Ex Parte Abernathy, 320 U.S. 219 (1943) in 320 U.S. 219 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=CNVG1SI4NQUT8YM.
MLA:
U.S. Supreme Court. "Syllabus." Ex Parte Abernathy, 320 U.S. 219 (1943), in 320 U.S. 219, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=CNVG1SI4NQUT8YM.
Harvard:
U.S. Supreme Court, 'Syllabus' in Ex Parte Abernathy, 320 U.S. 219 (1943). cited in 1943, 320 U.S. 219. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=CNVG1SI4NQUT8YM.
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