Page:United States Reports, Volume 209.djvu/231

 IiUNTER . WOOD. Statement of the Case. HUNTER, SHERIFF OF BUNCOMBE COUNTY, NORTH CAROLINA, v. WOOD. APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA. No. 47. Argued ]Demb' 18, 19,1907.--Dldd  , 19, Where the Circuit Court of the United Satee'has, in an action within its jurisdiction, issued an interlocutory injunction aainst the enforcement of a e railroad rate tatuto, and in such order directed the conditions l,, which tickets shell be soJd at rate higher than those prescribed under the etato statute, a ticket agent who sells tickets in conformity with uch conditions, and who i proceeded against, convicted, and entanoed limrelor by the state authorities, is in custody for an act done pursuant to an order, princes or decree o a .crt or jude o! the United States within the meaning oi  i 753, P. ev. Stat., and may apply for a writ of  coF to the Udtsd States circuit jude who has the power and right .under such aeetlon to dlschare him. ' F,z  Young, ,t, p. 123, followed as to the .uriediction of the Circuit Court of the United Stats of such an ation. JaES H. Wood, the appellee, being one. of the ticket ants of the Southern lilway Company, was, on July 17, 1907, charged in the police jstice's court of the city of Asheville, in the county of Buncombe, in the State Of North Carolina, with unlawfully and willfully overcharging one T. J. Harmon for a railroad ticket from Asheville, North Carolina, to Canton, North Carolina, in violation of the state law.. He was arrested and brought before the ourt, and on the trial, July 18, 1907, was convicted and sentenced by the court to imprisonment in the county'jail of .Buncombe county for the term of thirty days, to be worked out on the public roads of that county for that time, and to pay all costs. The appellee applied to the lJnlted States circuit iudge in the Western District of North Carolina for a writ of e  to be directed to Hunter, appellantt as sheriff of Buncombe

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