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MOYER v. PEABODY

No. 55.

212 U.S. 78 (1909)

29 S.Ct. 235

53 L.Ed. 410

MOYER v. PEABODY.

Supreme Court of United States.

Decided January 18, 1909.

Attorney(s) appearing for the Case

Mr. Edmund F. Richardson, with whom Mr. Horace N. Hawkins was on the brief, for plaintiff in error.

Mr. Horace Phelps, with whom Mr. William H. Dickson, Attorney General of the State of Colorado, and Mr. John M. Waldron were on the brief, for defendants in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action, brought by the plaintiff in error against the former Governor of the State of Colorado, the former Adjutant General of the National Guard of the same State, and a captain of a company of the National Guard, for an imprisonment of the plaintiff by them while in office. The complaint was dismissed on demurrer, and the case comes here on a certificate that...

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