Kessler v. Treat, 205 U.S. 33 (1907), was a decision in which the Supreme Court of the United States adjudicated allegations that prisoners were unlawfully imprisoned by Morgan Treat, the United States Marshall for the Eastern District of Virginia.[1] In a one-sentence opinion written by Chief Justice Melville Fuller, the Court identified ten cases for which the Court entered the same decree as the one issued in Tinsley v. Treat.[2] Justice John Marshall Harlan dissented without writing a separate opinion.[3]

Kessler v. Treat
Argued December 3–4, 1906
Decided March 4, 1907
Full case nameKessler v. Treat
Citations205 U.S. 33 (more)
27 S. Ct. 434; 51 L. Ed. 695
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 opinions
MajorityFuller, joined by Brewer, White, Peckham, McKenna, Holmes, Day
DissentHarlan
Moody took no part in the consideration or decision of the case.

Cases for which decrees were entered

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The Court entered decrees for the following cases:[2]

  • William De. C. Kessler v. Morgan Treat, United States Marshal, el al.
  • Samuel T. Morgan v. Morgan Treat, etc.
  • Austin B. Carpenter v. Morgan Treat, etc.
  • Fortesque Whittle v. Morgan Treat, etc.
  • Frank E. Wilcox v. Morgan Treat, etc.
  • George Braden v. Morgan Treat, etc.
  • Frank S. Royster v. Morgan Treat, etc.
  • J. Rice Smith v. Morgan Treat, etc.
  • Charles F. Burroughs v. Morgan Treat, etc.
  • Charles H. McDowell v. Morgan Treat, etc.

See also

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References

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  1. ^ Kessler v. Treat, 205 U.S. 33, 33-34 (1907); Tinsley v. Treat, 205 U.S. 20, 24-26 (1907); see also Brief for James G. Tinsley, Petitioner, Kessler v. Treat, no. 369, 205 U.S. 33 (1907).
  2. ^ a b Kessler, 205 U.S. at 34.
  3. ^ Kessler, 205 U.S. at 34 (Harlan, J., dissenting).
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