Legal Opinion
President of the United States ex rel. Caputo v. Kelly
Court of Appeals for the Second Circuit
Decided November 8, 1937No. 116PublishedCited by 5 opinions
1Opinion of the Court
SWAN, Circuit Judge.
The judgment appealed from denied the relator release from the custody of the United States marshal who held him for extradition to France pursuant to orders of arrest and commitment issued by a United States commissioner.
The first ground urged for reversal is that the complaint in the extradition proceedings was made by a person unauthorized to represent the French government. This objection was neither taken before the commissioner who conducted the hearings, nor presented to the District Judge in the habeas corpus proceedings, nor mentioned in the assignment of errors…
2Cases cited5 opinions
- Grin v. ShineSupreme Court of the United States · 1902
- In re HerresU.S. Circuit Court for the District of Minnesota · 1887
- Ex parte SternamanDistrict Court, N.D. New York · 1896
- In re KellyU.S. Circuit Court for the District of Minnesota · 1886
- In re Extradition of FerrelleU.S. Circuit Court for the District of Southern New York · 1886
3Cited by5 opinions
- Leonard Peltier v. G.L. Henman, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Eighth Circuit · 1993
- In Re Extradition of Ramos HerreraDistrict Court, W.D. Texas · 2003
- In Re Lo DolceDistrict Court, W.D. New York · 1952
- Schonbrun v. DreibandDistrict Court, E.D. New York · 1967
- President ex rel. Caputo v. KellyCourt of Appeals for the Second Circuit · 1938