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WATKINS v. RIVES

No. 7826.

125 F.2d 33 (1941)

WATKINS v. RIVES, Superintendent of Washington Asylum and Jail.

United States Court of Appeals for the District of Columbia.

Decided December 22, 1941.

Attorney(s) appearing for the Case

Mr. William J. Howder, of Washington, D. C., with whom Mr. George L. Quinn, Jr., of Washington, D. C., appeared on the brief, for appellant.

Mr. Dennis McCarthy, Asst. U. S. Atty., of Washington, D. C., with whom Messrs. Edward M. Curran, U. S. Atty., and John H. Mitchell and Charles B. Murray, Asst. U. S. Attys., all of Washington, D. C., appeared on the brief, for appellee.

Mr. Ernest F. Henry, of Washington, D. C., appeared on the brief for appellee, and was allowed to participate in oral argument as amicus curiae.

Before MILLER, VINSON and RUTLEDGE, Associate Justices.

MILLER, Associate Justice.

The ultimate question presented by this appeal is whether the District Court properly dismissed appellant's petition for a writ of habeas corpus. The answer to the question depends upon the jurisdiction of the Probate Court of the District of Columbia; specifically, whether that court had power to require appellant to deliver to the collectors of an estate, property which, it is claimed, constitutes assets of that estate, and, upon his refusal...

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