Kessler v. Treat explained

Litigants:	Kessler v. Treat
Arguedatea:	December 3
Arguedateb:	4
Argueyear:	1906
Decidedate:	March 4
Decideyear:	1907
Fullname:	Kessler v. Treat
Usvol:	205
Uspage:	33
Parallelcitations:	27 S. Ct. 434; 51 L. Ed. 695
Majority:	Fuller
Joinmajority:	Brewer, White, Peckham, McKenna, Holmes, Day
Dissent:	Harlan
Notparticipating:	Moody

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]

Cases for which decrees were entered

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

• Andersen v. Treat (1898)
• List of United States Supreme Court cases, volume 205

Notes and References

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. Kessler, 205 U.S. at 34.
3. Kessler, 205 U.S. at 34 (Harlan, J., dissenting).