Here a writ is applied for, or an order is asked. EX PARTE MILLIGAN.
This very case is an illustration. Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), was a U.S. Supreme Court case that ruled the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. If it concerns a matter of right, and not of discretion, there is as much reason for its being sent ex parte as for its being sent inter partes. Milligan, ex parte, case decided by the U.S. Supreme Court in 1866. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration Ex Parte Merryman held that only Congress could suppress a writ of habeas corpus, not a president. An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. Ex parte / ˌ ɛ k s ˈ p ɑːr t iː / is a Latin legal term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". — December Term, 1866. Ex parte Milligan, 71 U.S. 2 (1866), was a United States Supreme Court case that ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional.