Legal Opinion
President ex rel. Caputo v. Kelly
Court of Appeals for the Second Circuit
Decided May 9, 1938No. 304Published
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The relator, Gennaro Caputo, was arrested on a warrant issued by a United States commissioner and held for extradition to France on the complaint of the assistant consul general of the French Republic in New York. Caputo sued out a writ of habeas corpus on grounds not now important which was dismissed by the District Court. See President of the United States v. Kelly, 19 F.Supp. 730. Its order was affirmed by this court pursuant to an opinion reported in 2 Cir., 92 F.2d 603. Caputo thereafter applied for another writ of habeas corpus contending that prosecution…
2Cases cited5 opinions
- Biddinger v. Commissioner of Police of City of New YorkSupreme Court of the United States · 1917
- Ex parte La MantiaDistrict Court, S.D. New York · 1913
- Ex parte FuderaU.S. Circuit Court for the District of Southern New York · 1908
- President of United States ex rel. Caputo v. KellyDistrict Court, S.D. New York · 1937
- President of the United States ex rel. Caputo v. KellyCourt of Appeals for the Second Circuit · 1937