Mahlon Pitney

“ The statutory provisions referred to are designed to render the district courts readily accessible to applicants for justice in all branches of the jurisdiction; and while they require those courts to be always open only as courts of admiralty and as courts of equity, they permit 'special terms' to be held at any time for the transaction of any kind of business.
The celebrated remark of Lord Eldon: 'The court of chancery is always open' (Temple v. Bank of England, 6 Ves. Jr. 770, 771) , evidenced the great adaptability of the practice of that court to the needs of litigants ”

“ This was true in fact, but the court in effect held it not well founded in law; for it proceeded to sustain the demurrer and quash the indictment upon another ground, and one not taken by appellant, viz., that the adjournment order of March 12, 1912, brought the term to a conclusion and deprived Judge Locke of power to set aside the final judgment and sentence passed upon appellant on that day. The fundamental ground of an estoppel is wanting, and we need not weigh other considerations that might operate against it. ”

“ This is an appeal from a final order discharging a writ of habeas corpus and remanding appellant to the custody of the United States marshal. The facts are as follows: Appellant was indicted in the United States district court for the southern district of Florida, at Tampa, for a violation of a section of the Criminal Code, and in the month of March, 1912, was tried and found guilty. On the 12th day of the same month he was sentenced to confinement in the penitentiary at Atlanta for the term of one year and six months. ”